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KAUSER EDAPPAGATH
Viswanathan. K. N, S/o Narayanan – Appellant
Versus
District Collector, First Floor, Civil Station, Civil Lines Road, Kalyan Nagar, Ayyanthole, Thrissur, Kerala – Respondent
JUDGMENT :
Kauser Edappagath, J.
Exts.P6(a), P6(b) orders and Ext.P7 award passed by the 3rd respondent are under challenge in this writ petition.
2. The petitioners are siblings. Their properties were acquired for widening the national highway. The 3rd respondent passed Ext.P5 award in favour of the petitioners under Section 3G (1) of the National Highways Act, 1956 (for short 'the Act') and awarded compensation. Subsequent to the passing of Ext.P5 award, the 3rd respondent initiated enquiry as to the nature of the pathway of the properties of the petitioners. After such an enquiry, which was conducted without giving any opportunity of hearing to the petitioners, the nature of the pathway was determined to be 'thodu puramboke'. Consequently, the 3rd respondent issued Exts.P6(a) and P6(b) orders reducing the compensation already awarded as per Ext.P5. Consequent to Ext. P6(b), a revised award as Ext.P7 was issued by the 3rd respondent to the 2nd petitioner. It is challenging Exts.P6(a), P6(b) and P7, this writ petition has been filed.
3. I have heard Sri. Thareeq Anver K, the learned counsel for the petitioners, Sri. Rajeev Jyothish George, the learned Government Pleader and Sri. B.G.
Point of Law : Statutory provisions enabling the CALA to review or modify settled Awards, except to correct patent errors.
Competent Authority under National Highways Act becomes functus officio after passing award under Section 3G(1) and lacks jurisdiction to issue corrigendum or modified award for same land.
The appellate authority must consider previous court judgments when determining compensation appeals related to property acquisition.
Arbitrator under Section 3G(5) of National Highways Act lacks power to remand compensation disputes to competent authority; must determine amount independently.
The competent authority under the National Highways Act lacks jurisdiction to alter or review awarded compensation once finalized, except in limited circumstances defined by statute.
The Competent Authority under the National Highways Act, 1956, does not possess the power to issue supplementary awards that alter previously determined compensation amounts.
The court requires timely administrative response to compensation applications under the National Highways Act, emphasizing the need for stakeholder hearings.
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