IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 21^ST DAY OF FEBRUARY 2022 / 2ND PHALGUNA, 1943 WP(C) NO. 3600 OF 2022 PETITIONER:

A.MUHAMMED KUNJU, AGED 70 YEARS S/O. ABDULLA KUNJU, AVUTHARUPARAMBIL HOUSE, NEERKUNNAM, VANDANAM P.O, ALAPPUZHA 688 005.

BY ADVS.

P.SATHISAN DONA AUGUSTINE RESPONDENTS:

1 UNION OF INDIA, REP. BY SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, GOVERNMENT OF INDIA, CENTRAL DELHI P.O, NEW DELHI 110 001.

2 DIRECTOR GENERAL (ROAD DEVELOPMENT) AND SPECIAL SECRETARY, ROOM NO. 213, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN, 1, PARLIAMENT STREET, CENTRAL DELHI P.O, NEW DELHI 110 001.

3 PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA (HEAD OFFICE), DWARAKA SECTOR 10, SOUTH WEST DELHI P.O, NEW DELHI

110 075.

4 CHAIRMAN, NHAI, G-5 AND 6, SECTOR 10, DWARAKA, SOUTH WEST DELHI PO, NEW DELHI 110 075.

5 THE PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT- THIRUVANANTHAPURAM, T.C.

86/1036-1, AMBLY ARCADE, S.N.N.R.A 9, PETTAH P.O, THIRUVANANTHAPURAM, KERALA 695 024.

6 STATE OF KERALA, REP. BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM P.O, PIN 695 001.

7 SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY, LAND ACQUSITION, NHAI, COLLECTORATE, ALAPPUZHA, COLLECTORATE P.O, PIN 688 001.

8 DISTRICT COLLECTOR, ALAPPUZHA, BESIDE ZILLA PANCHAYATH OFFICE, CIVIL STATION WARD, ALAPPUZHA, COLLECTORATE P.O, PIN 688

001.

9 GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, PALACE RD, MUNICIPAL STADIUM WARD, VELLAKKINAR, ALAPPUZHA BAZAR P.O, KERALA 688012.

BY ADVS.

SMT.MINI GOPINATH, CGC K.A.SALIL NARAYANAN SMT.MABLE C.KURIAN, SR. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

21.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner says that he was running an ice factory at Thottappally, Alappuzha, which has been now acquired by the National Highway Authority of India (NHAI) for widening of National Highway-66 (NH-66). He says that even though the Competent Authority for Land Acquisition (CALA), appointed under the provisions of the National Highways Act (“NH Act” for short), has issued an Award on 22.11.2021 granting an amount of Rs.18,84,024/- as the value of the building, the Plant and Machinery have been completely disregarded and the loss suffered by him on account of its relocation/ scraping was not even considered, even though the 9^th respondent - General Manager of the District Industries Centre has favoured Ext.P6 report indicating that the loss towards relocation/scrapage would be a minimum of Rs.25,50,000/-.

2. The petitioner says even though the figure in Ext.P6 report is a modest one, the CALA, without considering the same, has now issued the Award, disregarding all amounts towards relocation/scraping of the Plant and Machinery. The petitioner, therefore, prays that the CALA be directed to issue a supplementary Award with respect to the Plant and Machinery, taking note of Ext.P6 report of the 9^th respondent.

3. I have heard Shri.P.Sathisan, learned counsel for the petitioner; Shri.Salil Narayanan K.A., learned Standing Counsel for the NHAI and Smt.Mable C.Kurian, learned Senior Government Pleader appearing for the official respondents.

4. The learned Senior Government Pleader submitted that law has now been well settled that once an Award is issued, the CALA is rendered functus officio and cannot pass any further Award. She submitted that this is more so in this case because what the petitioner, in fact, requires is a review of the Award itself alleging that the Plant and Machinery have not been properly valued. She, therefore, prayed that this writ petition be dismissed. She added that, as is evident from Ext.P6, the Plant and Machinery can be taken away by the petitioner and therefore, that the CALA was fully justified in not having granted any scrapage value.

5. The learned Standing Counsel for the NHAI, Shri.Salil Narayanan, submitted that a statement