IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS TUESDAY,THE 27TH DAY OF NOVEMBER 2018 / 6TH AGRAHAYANA, 1940 WP(C).No.31663 of 2018 PETITIONERS:

1 N.KAMALAM AGED 80 YEARS D/O. NALLAYIL SARASWATHI AMMA, SRUTHI HOUSE, 35/884A, POWER HOUSE EXTENSION ROAD, PALARIVATTOM, COCHIN - 25.

2 N.VILASINI AGED 77 YEARS D/O.NALLAYIL SARASWATHI AMMA, NALLAYIL HOUSE, LOKAMALESWARAM, P.O.KODUNGALLUR, THRISSUR DISTRICT.

BY ADVS.

SRI.K.A.NOUSHAD SRI.MITHUN BABY JOHN RESPONDENT:

DISTRICT COLLECTOR DISTRICT COLLECTORATE, AYYANTHOLE, THRISSUR DISTRICT - 680 001.

SMT.A.C.VIDHYA,GOVT.PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

27.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ALEXANDER THOMAS, J.

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W.P(C)No.31663 of 2018 =================================

Dated this the 27^th day of November, 2018

JUDGMENT

The prayers in the above Writ Petition (Civil)

are as follows:

“i) Direct the respondent to consider the application / appeal filed, under section 3G(5) of the National Highway Act, 1956, by the petitioners in L.A.C.Nos.26/2008 and 19/2008 and pass orders in the same within a period of 2 months;

And ii) grant such other reliefs as this Hon'ble Court shall deem just.”

2. Heard Sri.K.A.Noushad, learned counsel appearing for the petitioners and Smt.A.C.Vidhya, learned Government Pleader appearing for respondents.

3. According to the petitioners, they are aggrieved by the amount determined by the competent authority as compensation for acquisition of their property in survey Nos.507/10, 507/1 & 507/8 of Lokamaleswaram Village. The acquisition of the property has been effected in terms of the provisions contained in the National Highway Act, 1956. The petitioners have filed application before the Arbitrator under Sec.3G(5) of the National Highway Act, 1956. The respondent is the Arbitrator and it is pointed out that the Arbitrator for considering the application is the 1^st respondent. The applications filed by the petitioners herein had been registered as land acquisition cases as L.A.C Nos.26/2008 & 19/2008 respectively. That though the applications have been numbered as L.A.Cs as early as in the year 2008, the matters are still pending before the Arbitrator under Sec.3G(5) of the National Highway Act, 1956 and no final award is passed by the Arbitrator inspite of the lapse of seven long years etc. It is in the light of factual averments, the petitioner has filed the instant Writ Petition with the aforementioned prayers.

4. Exts.P-1 & P-2 are the copies of the notice dated 29.03.2012 issued in the abovesaid L.A.Cs by the respondent-Arbitrator to the respective petitioners. Smt.A.C.Vidhya, learned Government Pleader would submit on the basis of written instructions furnished on behalf of the respondent- District Collector that the matters in respect of the abovesaid land acquisition cases could not be finalised only due to the over burden in the workload and that the arbitration claims filed by the petitioners are now posted for hearing on

01.12.2018 forenoon.

5. In the light of the abovesaid aspects, it is ordered that the respondent-Arbitrator may after following the due procedure and after affording a reasonable opportunity of being heard to the petitioners will pass the award in the arbitration proceedings under Sec.3G(5) of the National Highway Act, 1956, without much delay, preferably within a period of 4 weeks from the date of production of a certified copy of this judgment.

With these observations and directions, the above Writ Petition (Civil) will stand finally disposed of.

Sd/-

ALEXANDER THOMAS, JUDGE vgd/28.11.18 APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE PHOTOSTAT COPY OF NOTICE FOR HEARING DATED 29/03/2012 OF L.A.C. NO.26/2008 ISSUED TO THE 1ST PETITIONER.

EXHIBIT P2 A TRUE PHOTOSTAT COPY OF NOTICE FOR HEARING DATED 29/03/2012 OF L.A.C.NO.19/2008 ISSUED TO 2ND PETITIONER.