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HIGH COURT OF KERALA
T. R. Ravi, J
FATHIMA, – Appellant
Versus
THE DISTRICT COLLECTOR, MALAPPURAM, – Respondent
WP(C)/30498/2022
Compensation - Property Acquisition - National Highways Act - Section 3H(4) - The court emphasized the need for the Competent Authority to refer compensation matters to Civil Court, establishing procedural compliance in land acquisition processes.
Fact of the Case:
The petitioners claimed entitlement to compensation for properties acquired under the National Highways Act, leading to the present writ petitions.
Finding of the Court:
The court determined that the only course of action under the relevant Act is to refer the compensation matter to a Civil Court, as per the provisions of the National Highways Act.
Issues: Whether the petitioners are entitled to compensation for property acquisition and what procedures must be followed for adjudicating these claims.
Ratio Decidendi: The court concluded that under Section 3H(4) of the National Highways Act, the authority must refer compensation disputes to the Civil Court for resolution.
Final Decision: The matter is referred to the competent Civil Court for decision within three weeks.
JUDGMENT
The issue in these two cases is with regard to the entitlement to the compensation granted on acquisition of properties. The petitioners in either of these writ petitions are laying a claim. In such circumstances, the only option available under Section 3H (4) of the National Highways Act , is for the authority to refer the matter to the competent Civil Court for decision.
In such circumstances, the Competent Authority for Land Acquisition (CALA) is directed to refer the matter regarding compensation payable with respect to the acquisition in question, to the competent Civil Court within three weeks from the date of receipt of a copy of this judgment.
This writ petition is disposed of as above.
Sd/-
T.R. RAVI, JUDGE
APPENDIX OF WP(C) 30498/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 07.02.2022.
APPENDIX OF WP(C) 33143/2022 PETITIONER EXHIBITS Exhibit1 TRUE COPY OF THE PROCEEDINGS DATED
15.07.2021 OF THE RESPONDENT Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED
28.03.1974 IN THE NAME OF PATHUTTY UMMA Exhibit P3 TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 22.01.2021 ISSUED BY THE KUTTIPPURAM GRAMA PANCHAYAT Exhibit P4 TRUE COPY OF THE CERTIFICATE DATED
08.01.2021 ISSUED BY THE KUTTIPPURAM GRAMA PANCHAYAT Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF THE RATION CARD IN THE NAME OF THE PETITIONER Exhibit P6 TRUE COPY OF THE RECEIPT IN FORM NO.VI ISSUED BY THE RESPONDENT TO THE PETITIONER Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED
21.03.2022 SUBMITTED BY THE PETITIONER TO THE RESPONDENT
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