K. L PADMANABHA PAI vs THE NATIONAL HIGHWAY AUTHORITY OF INDIA

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2026 Supreme(Online)(Ker) 11264

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
K. L PADMANABHA PAI – Appellant
Versus
THE NATIONAL HIGHWAY AUTHORITY OF INDIA – Respondent
WP(C) NO. 6027 OF 2026

Important Points

The court requires timely administrative response to compensation applications under the National Highways Act, emphasizing the need for stakeholder hearings.

Subject

Civil - Writ Petition

Act Referred

National Highways Act: S.3G

Headnote

Statute Analysis: This case involves the National Highways Act, particularly under Section 3G (5), (6) and (7) concerning compensation re-evaluation. Facts: The petitioner contests the acquisition of part of their land and dissatisfaction with awarded compensation, leading to the application for re-determination, pending for fifteen months. Findings: The court, after reviewing submissions, mandates the second respondent to expeditiously decide on the compensation applications within three months.

Issues: The court frames the issue as the failure to process the petitioner’s application for compensation re-evaluation timely.

Ratio Decidendi: It emphasizes the necessity of prompt administrative action when a decision has been delayed beyond reasonable time, stating that stakeholders must be heard.

Result: The court orders a decision on the petitions within three months.

Advocates:
For the Appellants/Petitioners: SRI.DINESH R.SHENOY, SMT.SHANTHIPRIYA D. SHENOY, SHRI.MOHAMED SHALI NAMSHAD, SMT.ANJANA A., SHRI.ANANDA SUBRAMANIAM
For the Respondents: GP-VIDHYA A.C., SC-B.G.BIDAN CHANDRAN

Table of Content
1. review of land acquisition and compensation dissatisfaction. (Para 1)
2. court directs timely action on compensation re-evaluation. (Para 2)

JUDGMENT

A portion of the petitioner’s land having an extent of 20.61 ares has been acquired by the 1^st respondent National Highway Authority of India. An award was passed vide Ext.P1. In respect of another portion of land acquired, an award was passed vide Ext.P3. Dissatisfied with the compensation amount vide Exts.P1 and P3, the petitioner preferred Exts.P2 and P4 applications for re- determination of the compensation under Section 3G (5), (6) and (7) of the National Highways Act . The same is pending, without any action, for the past fifteen months, is the short grievance.

2. Having heard the learned counsel for the petitioner, the learned Government Pleader and the learned Standing Counsel, this Court directs the 2^nd respondent to consider and pass orders in Exts.P2 and P4 applications, preferred by the petitioner seeking re-determination of compensation, in accordance with law, expeditiously, at any rate, within a period of three months from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment before the 2^nd respondent for compliance. Needless to say, that the petitioner, as also, any other affected party shall be afforded an opportunity of being heard before taking a call in Exts.P2 and P4.

This Writ Petition is disposed of as above.

Sd/-