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.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.