IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 WP(C).No. 4055 of 2011(F) ----------------------- PETITIONER : --------------------- JACOB, AGED 53 YEARS, S/O.LONAPPAN, MANJALY HOUSE, KOLATHUR, NELLAI PO, THRISSUR DIST. BY ADVS. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENT(S): ------------------------- 1. NATIONAL HIGHWAY AUTHORITY OF INDIA, NO.8/1187, ARUMUGHAN COLONY, CHANDRANAGAR, PALAKKAD- 678007, REP. BY PROJECT DIRECTOR. 2. THE SPECIAL TAHSILDAR SLAO & COMPETENT AUTHORITY (LA) NATIONAL HIGHWAY DEVELOPMENT PROJECT, THRISSUR-680020, R1 BY ADV. SRI.THOMAS ANTONY R2 BY GOVT. PLEADER SRI. V.K. RAFEEQUE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 4055 of 2011(F) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE PARTITION DEED NO. 376/1983 OF S.R.O. NELLAI. EXT.P2 : COPY OF THE FIELD SKETCH PREPARED BY SPECIAL SURVEYOR ON 01.08.2005. EXT.P3 : COPY OF THE NOTICE REGARDING FIXATION OF COMPENSATION ISSUED BY 2ND RESPONDENT. EXT.P4 : COPY OF THE REPRESENTATION DATED 07.03.08 FILED BY THE PETITIONER. EXT.P5 : COPY OF THE REPRESENTATION FILED BEFORE THE DISTRICT COLLECTOR AND 2ND RESPONDENT DATED 26.10.2009. EXT.P6 : COPY OF THE LETTER DATED 28.11.2009 OF THE ADDITIONAL TAHSILDAR MUKUNDAPURAM. EXT.P7 : COPY OF THE LETTER DATED 20.01.2011 ISSUED BY THE 2ND RESPONDENT. EXT.P8 : COPY OF THE LETTER DATED 01.04.2011 OF THE NATIONAL HIGHWAY AUTHORITY OF INDIA. EXT.P9 : COPY OF THE LETTER DATED 25.6.2011 ISSUED BY THE 2ND RESPONDENT. EXT.P10 COPY OF THE COVERING LETTER DATED 4.10.2011 OF THE PETITIONER. RESPONDENT'S EXHIBITS : EXT.R1(a) : COPY OF THE NOTIFICATION DT. 28-12-2005. EXT.R1(b) : COPY OF THE NOTIFICATION DT. 07-12-2006. EXT.R1(c) : COPY OF THE PROCEEDINGS DT. 01.12.2010 OF THE 2ND RESPONDENT. //TRUE COPY// P.S. TO JUDGE Mn HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO.4055 OF 2011 ------------------------------- DATED THIS THE 12TH DAY OF DECEMBER, 2011 JUDGMENT Writ Petition is filed for a declaration that the petitioner is entitled to compensation under Section 3(G) of the National Highway Act at the present market rate for the land covered by Ext.P7 and for a direction commanding the 2nd respondent to award compensation under Section 3(G) of the National Highway Act to the petitioner at the present market rate for the land covered by Ext.P7. 2. The lst respondent filed a counter statement and later filed a counter affidavit. In the counter statement it is stated that the 2nd respondent had acquired 118 sqm. of land belonging to the petitioner and his brother, who are co-owners and determined compensation vide Ext.P3 and that the petitioner and his brothers were paid the compensation in March, 2008. It is pointed out that the petitioner thereafter disputed the area under acquisition vide -2- W.P.(C).No.4055/2011 Exts.P4 and P5. On the basis of the complaint lodged by him and his brother Antony, who is the petitioner in WP.(C). No.26723/2009, the 2nd respondent re-measured the land and found that the petitioner and his brothers are entitled to compensation for 248 sqm. instead of 118 sqm. The 2nd respondent has determined `1,80,555/- as balance compensation payable to the petitioner and his brothers and submitted an estimate of compensation to the lst respondent on 1/12/2010. 3. This Court by an interim order dated 16th march, 2011 directed the lst respondent to pay the admitted balance compensation payable to the petitioner and other co-owners of the property to the tune of `1,80,555/-, expeditiously, at any rate within a period of one month from the date of receipt of a copy of the order. In the said order this court observed that the amount need be disbursed only after complying with the statutory formalities. The amount for the additional area is in deposit. Ext.P7 communication was issued on 20/1/2011 directing the -3- W.P.(C).No.4055/2011 petitioner to produce necessary documents before the 2nd respondent for disbursement of the compensation amount. It is for the petitioner and other co-owners to produce the documents required by the 2nd respondent for receiving the amount of compensation. Without prejudice to the right of the petitioner to approach the 2nd respondent for disbursement of the amount due to them on production of necessary documents, this writ petition is closed. HARUN-UL-RASHID, JUDGE. kcv.