MALABAR INSTITUTE OF MEDICAL SCIENCES LIMITED v. SPECIAL TAHSILDAR AND COMPETENT AUTHORITY (LA)

THE HONOURABLE MR.JUSTICE VIJU ABRAHAM WEDNESDAY, THE 17TH DAY OF JANUARY 2024 / 27TH POUSHA, 1945 WP(C) NO. 1792 OF 2024 PETITIONER: MALABAR INSTITUTE OF MEDICAL SCIENCES LIMITED MALABAR INSTITUTE OF MEDICAL SCIENCES LIMITED GOVINDAPURAM P O, KOZHIKODE REPRESENTED BY ITS DULY AUTHORISED REPRESENTATIVE, RAJESH A V, LEGAL OFFICER LEGAL LICENSE COMPLIANCE, PIN - 673016 BY ADVS. B.G.HARINDRANATH AMITH KRISHNAN H. SAIRA PUTHIYAPARAMPATH GOWRI DEV RESPONDENTS: 1 2 3 4 SPECIAL TAHSILDAR AND COMPETENT AUTHORITY(LA) NH UNIT II, KANNUR, PIN - 670002 PROJECT DIRECTOR NHAI NATIONAL HIGHWAYS AUTHORITY PROJECT IMPLEMENTATION UNIT, KANNUR, PIN - 670002 UNION OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, CENTRAL DELHI P O, NEW DELHI, PIN - 11000 ARBITRATOR CUM DISTRICT COLLECTOR CIVIL STATION, KANNUR, PIN - 670002 OTHER PRESENT: SR.GP - DEEPA NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.01.2024, ALONG WITH WP(C).1758/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). Nos.1758, 1792 & 1827 of 2024 : 3 : IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM WEDNESDAY, THE 17TH DAY OF JANUARY 2024 / 27TH POUSHA, 1945 WP(C) NO. 1827 OF 2024 PETITIONER: CANTOWN INFRA DEVELOPERS LIMITED LIABILITY PARTNERSHIP, KOTTOOLY, KOZHIKODE REPRESENTED BY ITS DULY AUTHORISED REPRESENTATIVE, RAJESH A V, LEGAL OFFICER COMPLIANCE, PIN - 673016 BY ADVS. B.G.HARINDRANATH AMITH KRISHNAN H. SAIRA PUTHIYAPARAMPATH GOWRI DEV RESPONDENTS: 1 2 3 4 SPECIAL TAHSILDAR AND COMPETENT AUTHORITY (LA) NH UNIT II, KANNUR, PIN - 670002 PROJECT DIRECTOR NHAI PROJECT IMPLEMENTATION UNIT, KANNUR, PIN - 670002 UNION OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, CENTRAL DELHI P O, NEW DELHI, PIN - 110001 ARBITRATOR CUM DISTRICT COLLECTOR CIVIL STATION, KANNUR, PIN - 670002 OTHER PRESENT: SR.GP - DEEPA NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.01.2024, ALONG WITH WP(C).1758/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). Nos.1758, 1792 & 1827 of 2024 : 4 : VIJU ABRAHAM, J. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) Nos.1758, 1792 & 1827 of 2024 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of January, 2024 JUDGMENT In all these writ petitions, the petitioner is a company running super specialty hospitals at Kannur, Kozhikode and other places in Kerala. Certain extent of land owned by the petitioner was acquired for the purpose of construction of a national highway and an award was also passed regarding compensation. The petitioner contends that the award amount granted by the 1st respondent as per Ext.P1 is grossly inadequate. The petitioner further assert that the land acquired was actually a garden land and since it was an un-notified land, the same was regularised and the regularisation amount was also paid by the petitioner. The petitioner submits that the compensation was assessed without referring to these aspects. Aggrieved by Ext.P1 award passed by the 1st respondent, the petitioner has preferred Ext.P2 application under Section 3G(5) of the National Highways Act, 1956 before the 4th respondent, which is stated to be pending consideration from October, 2022 onwards and the petitioner submits that no decision has been taken on the W.P.(C). Nos.1758, 1792 & 1827 of 2024 : 5 : same.

2. Heard the learned Government Pleader also, who upon instructions submitted that though Ext.P2 is received and pending, there are several other applications pending consideration in the nature of Ext.P2 and some time may be granted for disposal of the same. After hearing both sides, I am inclined to dispose of these writ petitions with a direction to the 4th respondent to consider and pass orders on Ext.P2 application submitted by the petitioners, within an outer limit of 6 months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner as well as respondent Nos. 2 and 3. sm/ Sd/- VIJU ABRAHAM JUDGE W.P.(C). Nos.1758, 1792 & 1827 of 2024 : 6 : APPENDIX OF WP(C) 1758/2024 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 A TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT AWARDING COMPENSATION TO THE PETITIONER A TRUE COPY OF THE APPLICATION FILED UNDER SECTION 3G (5) W.P.(C). Nos.1758, 1792 & 1827 of 2024 : 7 : APPENDIX OF WP(C) 1792/2024 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 A TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT AWARDING COMPENSATION TO THE PETITIONER A TRUE COPY OF THE APPLICATION FILED UNDER SECTION 3G (5) W.P.(C). Nos.1758, 1792 & 1827 of 2024 : 8 : APPENDIX OF WP(C) 1827/2024 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 A TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT AWARDING COMPENSATION TO THE PETITIONER DATED 12.07.2022 A TRUE COPY OF THE APPLICATION FILED UNDER SECTION 3G (5) DATED 31.10.2022