JUDGMENT

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

Government Pleader takes notice for respondents 2 to 5.

2. The petitioner's property was acquired for widening of National Highway 66. According to the petitioner, a multi-storeyed commercial building is situated in the said property. It is further submitted that the multi-storeyed building is having an area of 1150 sq.ft. in the ground floor, out of which an extent of 200 sq.ft. alone will be acquired by the authorities and if the said portion is acquired, it will cause serious damages to the entire building. The 3rd respondent has already passed an award, which is produced as Ext.P3. It is submitted that in Ext.P3, the entire area of the multi- storeyed commercial building is not assessed and value of the building has not been determined before passing the award. The petitioner has therefore preferred an appeal under Section 3G(5) of the National Highways Act, 1956 before the 2nd respondent and the same is pending.

3. The petitioner has approached this Court seeking a direction to the respondents to assess/determine the value of the entire commercial building in Survey No.213/8A of Cherthala North Village before demolishing its side portion by appointing an Engineer under Section 29(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 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) of the National Highways Act, 1956 gives ample power to the Arbitrator to consider the 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 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 interlocutory application before the 2nd respondent in the pending appeal, under Section 17 of the 1996 Act, seeking reliefs of valuation of the residential building and that of the land (parking area). The application shall be filed within ten days. On receipt of the application, the Arbitrator shall consider the interlocutory applications and pass orders regarding the inspection and valuation of the land (parking area) and the building 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. 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.

Sd/-

T.R. RAVI JUDGE

Pn

APPENDIX OF WP(C) 19856/2022 PETITIONERS' EXHIBITS Exhibit P1 ORIGINAL PHOTOGRAPHS OF THE MULTISTORIED BUILDING IN SY. NO.213/8A OF CHERTHALA NORTH VILLAGE.

Exhibit P2 TRUE COPY OF THE NOTICE ISSUED UNDER SECTION 3(E)(1) OF THE NH ACT ISSUED TO THE PETITIONER.

Exhibit P3 TRUE COPY OF THE PROCEEDINGS DATED

30/03/2022 ISSUED BY THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF THE INTERIM ORDER IN WPC NO.17854/2022 DATED 13/06/2022 OF THIS HON'BLE COURT.