IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
VASU SIVAN – Appellant
Versus
DISTRICT COLLECTOR – Respondent
WP(C) NO. 2476 OF 2023
| Table of Content |
|---|
| 1. dispute over extent of property acquired for highway project. (Para 2 , 3) |
| 2. verification and ascertainment order on property's extent. (Para 4) |
| 3. direction to provide compensation based on verified ownership. (Para 5) |
JUDGMENT
Heard Sri. K.S Hariharaputhran, the learned counsel for the petitioner, Sri. N.J Ashwin, the learned Central Government Counsel for the respondent Nos. 2 and 4 and Smt. Sylaja S.L, the learned Government Pleader for respondent No.1.
2. The petitioner is stated to have been the owner and in possession of an extent of 04.24 Ares of property in Re.Sy. No. 32/17-2 of Paravoor Village, Ambalapuzha Taluk. He states that out of the afore extent of property, an extent of 0.0033 hectares of property has been acquired for the widening of the National Highway 66. However, the petitioner contends that compensation has been awarded only for an extent of 0.0008 hectares of property, without granting compensation for the balance extent. Pointing out the afore grievance, the petitioner has filed Ext.P5 representation to the 5th respondent herein seeking measurement of the actual extent acquired from the petitioner.
3. The counsel for the NHAI, on the other hand, points out that the dispute is only with regard to 0.0019 hectares of land in Sy. No. 32/14, and that compensation has not been paid to the petitioner only because the title and ownership have not been proved by the petitioner.
4. In any event, in so far as the petitioner has raised a dispute with regard to the actual extent of the property acquired, in my opinion, the extent requires to be verified and ascertained by the 5th respondent.
5. In such circumstances, I dispose of the writ petition as under:
i) There will be a direction to the 5th respondent to take note of Ext.P5 and to measure the actual extent of property acquired from the petitioner as above, also taking note of Ext.P4 representation filed before the District Collector, which is already forwarded to the 5th respondent on 24.5.2022.
ii) The aforesaid details shall be forwarded to the 3rd respondent herein to process the petitioner’s claim for balance compensation.
iii) The petitioner shall prove his ownership and possession, if there is any dispute as pointed out by the NHAI.
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