IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 24^TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943 WP(C) NO. 1996 OF 2021 PETITIONER:

USMAN ARIF, AGED 48 YEARS, S/O. ABDUL KHADER HAJI, THAHIRA MANZIL, 10TH MILE, UDYAVARA, KASARAGOD DISTRICT, PIN-671 323.

BY ADVS.

PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR SMT.VANDANA MENON SRI.VIMAL VIJAY RESPONDENTS:

1 THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, KOZHIKODE-673 001.

2 THE DISTRICT COLLECTOR, KASARGOD AND ARBITRATOR NATIONAL HIGHWAY AUTHORITY OF INDIA, KASARAGOD, PIN-671 121.

3 SPECIAL DEPUTY COLLECTOR, LAND ACQUISITION (NH), KASARAGOD AND COMPETENT AUTHORITY, PIN-671 121.

4 THE SPECIAL TAHSILDAR, LAND ACQUISITION (NH), UNIT-1, KASARAGOD, PIN-671 121.

BY ADVS.

SRI.MATHEWS K.PHILIP SMT. RESMI THOMAS - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

24.09.2021, ALONG WITH WP(C).12458/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 24^TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943 WP(C) NO. 12458 OF 2021 PETITIONER:

JAMEELA, AGED 43 YEARS W/O LATE ABDUL AZEES,RESIDING AT HANAAFI NAZAR,UPPALA,MANGALPADDY GRAMA PANCHAYATH,WARD NO.XX111,DOOR NO.288-C,MANJESWAR TALUK,KASARAGOD DISTRICT-671322.

BY ADVS.

PUSHPARAJAN KODOTH K.JAYESH MOHANKUMAR RESPONDENTS:

1 THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA KOZHIKODE-673001.

2 THE DISTRICT COLLECTOR,KASARAGOD AND ARBITRATOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, KASARAGOD-671121.

3 SPECIAL DEPUTY COLLECTOR, LAND ACQUISITION (NH), KASARAGOD AND COMPETENT AUTHORITY, KASARAGOD-671121.

4 THE SPECIAL TAHSILDAR, LAND ACQUISITION (NH),UNIT-1,KASARAGOD-671121.

BY ADVS.

SMT.RESHMI THOMAS – GP SRI.MATHEWS K PHILIP - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.09.2021, ALONG WITH WP(C).1996/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

A terse issue, but which can have ramifications in matters relating to acquisitions under the National Highways Act, 1956, is placed for resolution in these matters; being if the Competent Authority for Land Acquisition, under the aforesaid Act, can review or modify an Award issued by it earlier.

2. I will first explain how this issue has been presented in these two cases which require to be disposed of together, since the reliefs to be granted in one will certainly have a bearing on the reliefs to be granted in the other.

3. The petitioners in these cases are stated to be the owners of properties which were acquired by the National Highway Authorities of India (NHAI) and with respect to which, Awards have been issued by the Competent Authority for Land Acquisition (CALA). They have produced the Awards as Ext.P2 in both cases.

4. The petitioner in W.P(C)No.1996/2021, however, alleges that even after Ext.P2 Award had been issued as early as on 27.12.2019, the CALA, thereafter, modified it through Ext.P6, reducing the value of structures and land therein and asserts that this is illegal and unlawful.

5. As far as the petitioner in W.P(C)No.12458/2021 is concerned, she appears to have approached this Court because, after Ext.P2 Award was made in her favour, Ext.P3 notice has been issued on 21.10.2020, asking her to produce certain documents for the purpose of modifying the said Award.

6. The petitioners in these cases, therefore, contend that the afore action of the CALA - in having modified the Award, as far as W.P(C)No.1996/2021 is concerned; and in attempting to do so in W.P(C)No.12458/2021 - is illegal and unlawful and thus pray that Ext.P6 in the former Writ Petition and Ext.P3 in the latter be quashed.

7. The learned Government Pleader –

Smt.Reshmi Thomas, in response, submitted that the impugned proceedings have been issued by the CALA on account of certain subsequent instructions issued by the NHAI to its Project Director. She submitted that, therefore, the CALA had no other option but to issue the impu