IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 WA.No. 376 of 2010() -------------------- AGAINST THE JUDGEMENT IN WPC.27746/2009 Dated 27/01/2010 .................... APPELLANT: PETITIONER ------------------------ JOJI PETER, EDASSERY HOUSE, LISSIE HOSPITAL ROAD, ERNAKULAM. BY ADV. SRI.K.G.BALASUBRAMANIAN RESPONDENTS: RESPONDENTS ------------------------------------ 1. THE SLAO & COMPETENT AUTHORITY, NHDP, CHEMBUKAVU, THRISSUR. 2. STATE OF KERALA REPRESENTED BY SECRETARY (REVENUE), THIRUVANANTHAPURAM. SR. GOVT. PLEADER SMT. K. MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN Ag. CJ & C.N. RAMACHANDRAN NAIR, J. = = = = = = = = = = = = = = = = = = = = W.A. NO. 376 OF 2010 = = = = = = = = = = = = = = DATED THIS, THE 10TH DAY OF MARCH, 2010. J U D G M E N T Raman, Ag. CJ. In a land belonging to the Government, a building was constructed by the appellant/petitioner. The said land was acquired by the National Highway Authority of India for widening of NH 47. The question arose for consideration was as to whether appellant/petitioner is entitled for compensation for the building standing on a land belonging to the Government. Since earlier, the the authorities did not quantify the amount payable, this Court, in W.P.(C) 9675/2009 filed by the appellant, directed the competent authority to quantify the value of the building. That has been done. Appellant filed this writ petition for disbursement of the amount to him. The learned Single Judge dismissed the writ petition on the ground that the appellant has to await determination of the question either by the arbitrator or by the court as was directed in Ext.P2 judgment rendered earlier. Hence this appeal. 2. We heard the learned counsel Sri. K.G. Balasubramanian, appearing on behalf of the appellant as also the learned Government Pleader WA 376/2010 2 Ms. K. Meera. The point that arises for consideration is as to whether a person who puts up a building on a purampoke land belonging to the Government without permission is entitled for any compensation. Learned Government Pleader would submit that the land is surrendered to the National Highway Authority. Therefore, they did not claim any compensation. According to the Government Pleader, in such circumstances, an encroacher who has put up a building thereon is not entitled to be paid any compensation. We are not entering any finding on this issue. As per Section 3H of the National Highways Act, if any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the principal civil court of original jurisdiction within the limits of whose jurisdiction the land is situated. 3. Now, in this case, actually if only the Government is entitled for compensation otherwise, that they could forgo the compensation. Only a person entitled to can forgo something. On the other hand, if the appellant is entitled for compensation, then necessarily Government cannot forgo because they have no right to receive that compensation. Therefore, there is a dispute between the parties. WA 376/2010 3 4. In that view of the circumstances, we think this is a dispute falling under subsection (4) of Section 4H of the National Highways Act, 1956. We direct the competent authority to refer the matter to the Principal District Court, Thrissur in terms of sub-section (4) of Section 3H of the Act for resolution of the dispute now raised. The same shall be done on production of a copy of this judgment by the appellant herein, which will be done within three weeks from the date of receipt of a copy of the same, along with a request in that behalf to the competent authority for information and compliance. Therefore, the conclusion reached by the learned Single Judge for our own reasons, as stated above, does not call for any interference. The appeal is disposed of in the above terms. P.R. RAMAN, (Ag. CHIEF JUSTICE) C.N. RAMACHANDRAN NAIR, (JUDGE). knc/-