The High Court · 2025

BY ADV SREEKALA K L SRI.B.G.BIDAN CHANDRAN, SC. SRI. VISHNU PRADEEP, CGC. SRI. RAJEEV JYOTHISH GEORGE, GP. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 40104 OF 2024 2 T.R. RAVI, J. -------------------------------------------- W.P.(C) No.40104 of 2024 -------------------------------------------- Dated this the 04th day of April, 2025 JUDGMENT The petitioner had preferred a review before the Arbitrator, praying that the entire building which is left out may be acquired since it is no longer stable and cannot be used for any purpose. By Ext.P14 order, the review application has been dismissed with a direction to the petitioner to submit an application before the National Highway Authority for access permission as per the prescribed proforma on MoRTH NOC portal. It would appear from the order that the Arbitrator considered the issue from the point of view of lack of access and did not consider the issue regarding the acquisition of the entire building. The question whether Section 94 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and WP(C) NO. 40104 OF 2024 3 Resettlement Act, 2013 will apply for proceedings for acquisition under the National Highways Act was considered by this Court in a batch of writ petitions and the judgment of this court was challenged by way of appeal by the National Highway Authority in W.A.No.718 of 2024 and connected cases. The Division Bench has affirmed the judgment of the learned Single Judge and has held that the claimants in all the cases can raise their grievance before the competent authority or in the arbitration proceedings as the case may be, and the said Authority or the Arbitrator can call for the details and take appropriate decisions regarding all claims, including compensation for unacquired portions during the course of the proceedings. The stand of the National Highway Authorities is that acquisition of the entire structure is not required. The Division Bench affirmed the following directions issued in the judgment of the learned Single Judge: “(a) There will be a direction to the competent among the respondents to consider the request of WP(C) NO. 40104 OF 2024 4 the petitioners in all these writ petitions, for acquisition of the entire building/land and either compensate the petitioners for the loss suffered by them due to the severance of the unacquired portion from the acquired portion or acquire the entire portion and pay compensation for the same as the case may be,as provided for in Sections 26 to 28 and Schedules I to III of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, read with Section 3- G(7) of the National Highways Act, 1956. While considering the above request, the respondents shall have due regard to the findings that have been rendered above on the applicability of Section 94 read with Section 28 of the 2013 Act. The above directions shall be irrespective of whether proceedings are pending before the Competent Authority or the Arbitrator appointed by the Central Government. WP(C) NO. 40104 OF 2024 5 (b) The respondents may complete the proceedings already initiated for acquisition in accordance with the law laid down by the Hon'ble Supreme Court in P.Nagaraju (supra), and the directions contained in (a) above will not affect the said process. (c) The directions contained in (a) shall be completed within four months from the date of receipt of a copy of this judgment.” In the above circumstances, the conclusion drawn in Ext.P14 cannot be sustained. Ext.P14 is hence set aside. There will be a direction to the 2nd respondent to reconsider Ext.P10 in accordance with the directions contained in the judgment in W.A.No.718 of 2024 and connected cases and pass necessary orders. Needless to say the petitioner shall be heard before a final order is issued. Sd/- T.R.RAVI JUDGE WP(C) NO. 40104 OF 2024 6 APPENDIX OF WP(C) 40104/2024 PETITIONER’S EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 TRUE COPY OF AWARD NO. D/939/2021/KDY/20 DATED 25.3.2021 BY THE COMPETENT AUTHORITY AND DEPUTY COLLECTOR LAND ACQUISITION (NH), MALAPPURAM. TRUE COPY OF ARBITRATION PETITION DATED 5.10.2021 TO THE ARBITRATOR, DISTRICT COLLECTOR. TRUE COPY OF SPECIAL PETITION DATED 19.11.2021 TO THE DEPUTY COLLECTOR LAND ACQUISITION (NH), MALAPPURAM. COPY OF PETITION TO PROJECT DIRECTOR, NHAI OFFICE, KAKKANAD, ERANAKULAM DATED 29.7.2022. TRUE COPY OF WRIT PETITION NO. WP(C)15121/2023 DATED 2.5.2023. TRUE COPY OF HIGH COURT ORDER ON WRIT PETITION NO. WP(C)15121/2023 DATED 12.5.2023. TRUE COPY OF ORDER OF ARBITRATION IN APPLICATION D/939/2021/KDY/20 BY DISTRICT COLLECTOR, MALAPPURAM DATED 22.7.2023. 1965 NO. TRUE COPY OF REVIEW PETITION DATED 1.1.2024 TO THE ARBITRATOR, DISTRICT COLLECTOR. Exhibit P9 TRUE COPY OF REPORT FROM SPECIAL DEPUTY COLLECTOR, LA (NH-66). WP(C) NO. 40104 OF 2024 7 Exhibit P10 Exhibit P11 Exhibit P12 Exhibit P13 Exhibit P14 Exhibit P15 TRUE COPY OF THE REPLY TO SPECIAL DEPUTY COLLECTOR, LA (NH-66), KUTTIPPURAM BY REVIEW PETITIONER DATED 29.4.2024. TRUE COPY OF BUILDING CONDITION CERTIFICATE BY REGISTERED ENGINEER ABDUL NASIR. E. DATED 22.4.2024. TRUE COPY OF THE EXECUTIVE ENGINEER’S REPORT DATED 15.5.2024. TRUE COPY OF THE NHAI REPORT DATED 16.5.2024. TRUE COPY OF THE FINAL ORDER OF ARBITRATION NO. DCMPM-6139/2023/LA1(SC1) DATED 3.6.2024. NEWSPAPER CUTTING DATED 21.5.2024 PUBLISHED IN MALAYALA MONORAMA MALAPPURAM EDITION. Exhibit P16 PHOTOGRAPHS OF BUILDING OF PETITIONER. Exhibit P17 TRUE COPY OF LETTER FROM OFFICE OF DISTRICT COLLECTOR UNDER RTI ACT DATED 10.9.2024.