JUNAID KOYA S v. NATIONAL HIGHWAYS AUTHORITY OF INDIA - NHAI

THE DISTRICT COLLECTOR FIRST FLOOR, COLLECTORATE, ALAPPUZHA, KERALA, PIN - 688001 DEPUTY COLLECTOR (SPL), LA(NH), COMPETENT AUTHORITY, COLLECTORATE, WP(C) NO.583/2024 9 ALAPPUZHA, PIN - 688001 4 SPECIAL TAHSILDAR O/O SPECIAL TAHSILDAR, LANH, CHERTHALA, PIN – 688524 BY ADV.SMT.DEEPA NARAYANAN, SR.PUBLIC PROSECUTOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.583/2024 10 JUDGMENT Dated this the 08th day of January, 2024 Petitioners have approached this Court seeking a direction to the second respondent to take a final decision on Ext.P3 request dated 01.01.2024 for re-determination of fair value of the land as provided under Section 3G(5) of the National Highways Act, 1956.

2. Petitioners herein are residents in Block No.21 of Purakkadu Village, Thottapally, Alappuzha District. The land belonging to the petitioners were acquired for the purpose of widening the National Highway. In this regard survey was conducted and the same was declared by the Special Deputy Collector & Competent Authority LA(NH), Alappuzha District under Section 3(G)(1) of the National Highways Act,

3. The fair value of land of the petitioners in Block No.21 was wrongly fixed at Rs.1,82,532/- whereas the fair value was determined at Rs.4,00,000/- and above in Block No.19 of the very same village. This has resulted in large differences in the compensation amount received by the WP(C) NO.583/2024 11 petitioners when compared to their counterparts in Block No.21 of the very same village. The presence of religious institutions, Police Station, Harbour, High school, I.T.I, BSNL office, Primary Health Centre etc., make the land in Block No.19 at a higher value which was not considered while determining the fair value of the land. Apart from this a mere verification of the sale documents in the areas over the years would establish that the land belonging to the petitioners were undervalued by the competent authority.

4. Aggrieved by the order of compensation/award issued by the Special Deputy Collector & Competent Authority LA(NH), Alappuzha District, the first petitioner preferred Ext.P1 complaint before the arbitrator. Similarly all the petitioners herein have preferred similar objections against the award passed by the third respondent and the matter was placed before the District Collector, who is statutorily assigned as an arbitrator under Section 3C(5) of the National Highways Act, 1956. Ext.P2 list shows the details of receipt numbers issued to the petitioners. Since no action was taken in this regard, petitioners has again WP(C) NO.583/2024 12 preferred Ext.P3 request before the District Collector.

5. Heard the learned Government Pleader as well as the learned Standing Counsel for the first respondent.

6. Learned Government Pleader, upon instructions, submitted that several applications are pending before the second respondent, which is the authorised authority to take a decision on the same and that at least one year time may be granted for taking a final decision.

7. Taking into consideration the fact that Ext.P1 complaint is dated 05.11.2021, which is filed by the first petitioner and as evident from Ext.P2, applications submitted by the other petitioners are either during 2021 or 2022, I am of the opinion that the applications are to be considered without any delay. In view of the facts and circumstances of the case, the Writ Petition is disposed of with a direction to the second respondent to consider and pass orders on Ext.P1 complaint and the applications referred to in Ext.P2 and also taking into consideration Ext.P3 request made by the petitioners and finalise the proceedings within an outer limit of eight WP(C) NO.583/2024 13 months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioners. Sd/- VIJU ABRAHAM JUDGE WP(C) NO.583/2024 14 APPENDIX OF WP(C) 583/2024 PETITIONERS' EXHIBITS Exhibit P1 A TRUE COPY OF THE COMPLAINT FILED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT DATED 5.11.2021 Exhibit P2 A TRUE COPY OF THE LIST SHOWING THE DETAILS OF RECEIPT NUMBER ISSUED TO THE PETITIONERS Exhibit P3 A TRUE COPY OF THE LETTER DATED 1.01.2024 TO THE 2ND RESPONDENT BY THE PETITIONERS