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2018 Supreme(Online)(KER) 65153

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:

W.P(C)No.31663 of 2018

2

ALEXANDER THOMAS, J.

=================================

W.P(C)No.31663 of 2018

=================================

Dated this the 27th day of November, 2018

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

3

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

1st 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

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

5

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

6

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.

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