JUDGMENT

Even though various assertions and contentions have been made and urged in this writ petition, essentially what the petitioner alleges is that, while certain properties had been acquired from his family for the purposes of the National Highway Authority of India (NHAI), valuation of the trees, a 'Gulikan Thara' and such other religious installations have not been properly done. He says that even without doing so, blank papers were got obtained from the owners, as is evident from Ext.P11; and that inventory of these articles was then interpolated into it by the competent Authority, thus leading to an unfair determination of compensation being now settled.

2. The petitioner, therefore, prays that an Advocate Commissioner be deputed from this Court to visit the properties and take an apposite inventory, so that the inputs therein can be adopted by the Competent Authority for Land Acquisition (CALA), appointed under the provisions of the National Highways Act, 1956 ('NH Act', for short), while finalizing the Award.

3. I have heard Sri.K.Jayakumar – learned Senior Counsel, instructed by Sri.N.Ajith – learned counsel for the petitioner and Smt.K.Amminikutty – learned Senior Government Pleader, appearing for the official respondents.

4. The learned Senior Government Pleader opposed the afore request and submissions of the petitioner, saying that determination of compensation with respect to the properties in question has already been completed by the CALA, which is evident from Ext.P7; and that Ext.P4 notice has been issued under the provisions of Section 3E(1) of the 'NH Act'.

5. Smt.K.Amminikutty concluded her submissions saying that, if the petitioner and other owners of the properties in question produce relevant documents of their title before the CALA, an Award in terms of Section 3G(1) of the 'NH Act' will be issued; and that if they are unsatisfied with the figures shown therein, they should take it up before the statutory Arbitrator under the provisions of Section 3G(5) of the 'NH Act'.

6. Sri.E.C.Kuriakose – learned Standing Counsel for the NHAI, adopted most of the afore submissions of the learned Senior Government Pleader; however, asserting that an Award has already been issued by the CALA.

7. I must say that I find substantial force in the afore submissions of the learned Senior Government Pleader and am, therefore, of the firm view that this Court will be justified in disposing of this writ petition in the following manner:

(a) The petitioner and other owners of the properties will produce all germane documents in substantiation of their title over the acquired properties before the CALA within a period of two weeks from the date of receipt of a copy of this judgment; in which event, said Authority will examine the same and issue an Award as per Section 3G(1) of the 'NH Act', as expeditiously as is possible, but not later than three weeks thereafter.

(b) On the Award being so received by the petitioner and other co-owners, they will be at liberty to challenge it by filing an apposite application under Section 3G(5) of the 'NH Act' before the statutory Arbitrator – District Collector; and if this is done within a period of two weeks from the date on which they receive the Award, said Authority will take it up and cause an inventory of the articles - including fixed assets, trees etc. on the properties in question - through a competent Official, in the presence of the petitioner and other co-owners and settle a valuation report appropriately - a copy of which shall also be given to them.

(c) Until such time as the afore exercise is completed and the Valuation Report made available to the petitioner in terms of the afore directions, status quo with respect to the properties in question shall be maintained by both sides; however, making it clear that all further action thereafter, including for taking possession of the properties and making construction thereon will be in implicit compliance of the provisions of the 'NH