IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 4^TH DAY OF APRIL 2022 / 14TH CHAITHRA, 1944 WP(C) NO. 10598 OF 2022 PETITIONER:

KOLANGARA VEETTIL MOHAMED, AGED 66 YEARS S/O MAKKARU, KOLANGARA VEETTIL, NEAR WILLIAMS, ORUMANAYOOR.P.O, THRICHUR-680512.

BY ADVS.

P.SATHISAN DONA AUGUSTINE RESPONDENTS:

1 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, NEW DELHI, PIN-110001.

2 DIRECTOR GENERAL(ROAD DEVELOPMENT) & SPECIAL SECRETARY, ROOM NO.213, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN, 1,PARLIAMENT STREET, CENTRAL DELHI.P.O, NEW DELHI-110001.

3 THE NATIONAL HIGHWAY AUTHORITY OF INDIA G-586, SECTOR-10, DWARAKA.P.O, NEW DELHI-110075, REPRESENTED BY ITS CHAIRMAN.

4 THE PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA(NHAI) TC-29/1539/1, RAJASREE KAIRALI, PERUMTHANNI, VALLAKKADAVU.P.O, THIRUVANANTHAPURAM-695008.

5 THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, NH DIVISION, PUSHPA NAGAR ROAD, PMG.P.O, THIRUVANANTHAPURAM-695033.

6 THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT , GOVT.SECRETARIAT, THIRUVANANTHAPURAM.P.O,PIN-695001.

7 SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY, LAND ACQUISITION, NHAI, COLLECTORATE, FIRST FLOOR, CIVIL STATION, CIVIL LINES ROAD, KALYAN NAGAR, AYYANTHOLE.P.O, THRISSUR, KERALA-680003.

8 THE DISTRICT COLLECTOR, C5CQ+GJ,FIRST FLOOR, CIVIL STATION, CIVIL LINES ROAD, KALYAN NAGAR, AYYANTHOLE.P.O, THRISSUR, KERALA-680003.

SMT.MABLE.C.KURIAN.SR.G.P.

SRI.MATHEWS K PHILIP .S.C THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner alleges that his property has been acquired for the purposes of the National Highway Authority of India (NHAI) and admits that Ext.P5 Final Order/Award, under Section 3G(1) of the National Highways Act (NH Act), has also been issued.

2. Sri.P.Sathisan – learned counsel for the petitioner, however, submitted that his client has various contentions against the determination of the compensation in Ext.P5 Award by the Competent Authority for Land Acquisition (CALA), appointed under the provisions of the National Highways Act (hereinafter referred to as the “NH Act” for short), particularly, that no amounts have been granted for the building, admittedly standing on the acquired land, though the competent officials of the NHAI had, through Ext.P4 Valuation Report, recorded its value as being Rs.7,62,640/-. He thus prayed that CALA be directed to modify Ext.P5 Award, taking into account Ext.P4 Valuation Report, within a time frame to be fixed by this Court.

3. The learned Senior Government Pleader –

Smt.Mable C.Kurian, in response, submitted that the petitioner cannot assail Ext.P5 Award before this Court, since he has an alternative efficacious statutory remedy under Section 3G(5) of the “NH Act”. She further contended that since Ext.P5 Award has already been concededly issued by the CALA, he has been rendered functus officio, as per the declarations of law made by this Court in Usman Arif v. The Project Director, NHAI & Others [2022 (1) KLT 35] and that he cannot, therefore, modify the same. She thus prayed that this writ petition be dismissed.

4. Sri.Mathews K.Philip – learned Standing Counsel for the NHAI, submitted that his client has no comment to make as regards the contentions of the petitioner at this stage; but that, as and when he prefers an application under Section 3G(5) of the “NH Act” before the competent Statutory Arbitrator, the official concerned of the NHAI also be directed to be heard.

5. I must say that I find great force in the afore submissions of the learned Senior Government Pleader because the petitioner himself admits that the CALA has already issued the Final Award, namely Ext.P5. Hence, as correctly argued by her, the said Authority is now rendered functus officio and cannot be directed to modify the Award. In fact, Sri.P.Sathisan also agreed to this and pleaded that, if this Court