IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 WP(C).No. 18480 of 2009(D) -------------------------- PETITIONER(S): --------------- NAFEESA W/O.ARAKKAMVEETTIL KOCHUMUHAMMED, CHOWGHAT,PO,THRISSUR DIST. BY ADV. SRI.K.G.BALASUBRAMANIAN RESPONDENT(S): --------------- 1. THE SLAO & COMPETENT AUTHORITY, NHDP, CHEMBUKKAVU,THRISSUR 2. THE PROJECT MANAGER, NATIONAL HIGH WAYS AUTHORITY OF INDIA,8/1187 ARUMUGHAM COLONY, NHDP, CHANDRANAGAR, PALAKKAD DIST PIN-678 007.1~ BY ADV. SRI.THOMAS ANTONY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.18480 OF 2009 ------------------------------------------- Dated this the 27th day of July, 2009 JUDGMENT The petitioner's complaint is that an item of land that belongs to her is under acquisition, however, that she is likely to be dispossessed without payment of compensation. Going by the statement filed on behalf of the second respondent, it is crystal clear that the acquiring authority disputes the claim of the petitioner as to title to the property. Obviously therefore, the question for determination is as to whether the petitioner is entitled to any compensation. On the basis of the dispute of an award being passed, the petitioner has to move the appropriate authority in terms of the National Highway Authorities Act for release of the compensation on determining the question of title. It is true that in terms of the provisions of that Act, which is not dissimilar from that contained in the Land Acquisition Act, advance payment of compensation has to be made for the purpose of acquisition. But if there is dispute as to the entitlement of the compensation, all that is required is that WPC.18480/09 Page numbers money has to be made available and deposited before the competent authority where the adjudication as to the claim could be made. Under such circumstances, it is directed that on the question of compensation, the competent authority will pass an award stating its decision and making a reference, if any, required in terms of the laws. The plea of the second respondent that the land involved does not belong to the petitioner but is Government land is also a matter that the award making authority will have to look into. It is, hence, directed that an award shall be passed in relation to the claim in accordance with law, within a period of two months from the date of receipt of a copy of this judgment. The writ petition is ordered accordingly, leaving open all other issues. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.27/7.