JUDGMENT

Admit. Standing Counsel takes notice for the 1st respondent.

Government Pleader takes notice for respondents 2 to 5.

2. The petitioners are the absolute owners in possession of

1.64 Ares (4 cents) of property in Sy.No.178/1C of Cherthala North Village. Out of the 4 cents of property, an extent of 1.482 cents (0.006 Hectors) is acquired for widening of National Highway 66. According to the petitioners, 1½ cents of land is left out, which cannot serve any purpose. A residential building and a shop building are situated in the said property and the 1st respondent is running a small business in the said shop building. The authorities have not valued the entire residential building, though 80% of the building is acquired. Besides, the shop building and the improvements therein were not assessed. It is further stated that there are agricultural crops and trees standing in the property which were surveyed by the authorities, but no compensation has been awarded for the same. Ext.P2 is the award passed by the 3rd respondent.

3. The petitioners have approached this Court seeking a direction to the respondents to conduct an inspection to determine the structural value of the entire residential building, shop room and other structures and improvements in Sy.No.178/1C of Cherthala North Village before its demolition and award compensation for the entire building and improvements therein and for other consequential reliefs.

4. Going by the provisions contained in the National Highways Act, once the award is passed, the matter has to be taken up before the Arbitrator for appropriate relief. Section 3G(7) gives ample power to the Arbitrator to consider appropriate value to be fixed as compensation. Once the matter comes before the Arbitrator, the Arbitrator is also having the powers available under Section 17 of the Arbitration and Conciliation Act, 1996 (1996 Act for short) which permits issuance of interlocutory orders. In such circumstances, I deem it appropriate to relegate the petitioner to his remedy before the Arbitrator.

5. The petitioner is directed to prefer an appropriate application before the 2nd respondent under Section 3G of the National Highways Act, 1956. The petitioner shall also prefer interlocutory application before the 2nd respondent under Section

17 of the 1996 Act, seeking relief of valuation of the building and other improvements in the land. The application shall be filed within ten days. On receipt of the application, the Arbitrator shall consider the interlocutory application and pass orders regarding the inspection and valuation of the building and other improvements within one week thereafter and proceed to finalise the application regarding the amounts to be allowed as compensation. There will be a direction that demolition of the building/structures shall be kept in abeyance for a period of one month to facilitate the valuation, if they are not already demolished. The entire arbitration proceedings shall be completed at the earliest, at any rate, within eight months from the date of receipt of a copy of this judgment.

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T.R. RAVI JUDGE

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APPENDIX OF WP(C) 22273/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE EVICTION MAHZAR PREPARED BY THE 5TH RESPONDENT DATED 15.11.2011 Exhibit P2 TRUE COPY OF THE PROCEEDINGS IN LAC NO

607/2020/CHERTHALA NORTH/B.L.O/S.O

4348/A2-805/2022 DATED 7.2.2022