JUDGMENT

The petitioners effectively oppose the disbursement of amounts under the Award with respect to the property acquired for the purposes of the National Highway Authority of India (NHAI) to respondents 3 and 4. They say that they have a valid claim over the property acquired and therefore, that they are fully justified in claiming the said amounts.

2. Even when I hear Smt.V.S.Sanika –

learned counsel for the petitioners on the afore lines, the fact remains that acquisition has been made for the purposes of the NHAI and therefore, that the provisions of the National Highways Act (NH Act) applies.

3. Indubitably, therefore, the petitioners ought to have moved the competent Authority for Land Acquisition (CALA) appointed under the provisions of said Act, under Section 3H(4) of the “NH Act” if they want any relief. Since they have not admittedly done so, I am certain that this Court cannot grant them any relief, except offering the liberty to approach the said Authority in terms of law.

4. Since I am told that the amounts under the Award have not been yet disbursed and since this Court has already interdicted the same through the interim order dated 08.03.2022, I am of the firm opinion that petitioners must be given an opportunity of approaching the CALA appropriately.

Resultantly, I order this writ petition, directing that the interim order granted by this Court on 08.03.2022 will continue for a further period of six weeks from today and leaving liberty to the petitioners to approach the CALA, through an appropriate application under Section 3H(4) of the “NH Act”, which shall be filed not later than one week from the date of receipt of a copy of this judgment.

Needless to say, the CALA, on receipt of the application of the petitioners as afore, will act strictly in terms of Section 3H(4) of the “NH Act” and determine whether any dispute ‘arises’ within its ambit and then take necessary action in terms of law, after hearing both sides. This shall be done without any avoidable delay, but not later than one month from the date on which the application is preferred by the petitioners.

It goes without saying that disbursement of the amounts or deposit thereof will be as per the decision to be taken by the CALA pursuant to the afore exercise.

Sd/-

DEVAN RAMACHANDRAN JUDGE

SAS

APPENDIX OF WP(C) 7601/2022 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE LEGAL HEIR CERTIFICATE DATED 07-11-2009 AS PER THE GAZETTE NOTIFICATION DATED 0N 06-10-2009 Exhibit P2 A TRUE COPY OF THE COMMUNICATION DATED 05-08-

2021 SUBMITTED BY THE PETITIONERS TO THE 2ND RESPONDENT Exhibit P3 A TRUE COPY OF THE REPRESENTATION DATED 9-11-

2021 SUBMITTED BY THE PETITIONERS TO THE 2ND RESPONDENT Exhibit P4 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONERS TO THE 2ND RESPONDENT DATED

26-02-2022