IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 WP(C).No. 20892 of 2010(J) --------------------------------- PETITIONER: --------------- ST.THOMAS ORTHODOX CHURCH, POTTA, CHALAKUDY, REP.BY ITS VICAR, FR.K.K.KURIAKOSE. BY ADV. MR.V.M.KRISHNAKUMAR MRS.P.R.REENA RESPONDENTS: ------------------ 1. THE SPECIAL DEPUTY COLLECTOR/ SPECIAL LAND ACQUISITION OFFICER AND COMPETEN AUTHORITY, NH.47, KODUNGALLUR- 680 664. 2. ARBITRATOR UNDER THE NATIONAL HIGHWAY AUTHORITY ACT/ DISTRICT COLLECTOR, THRISSUR 680 001. ADV.MRS. K.R. DEEPA - GOVERNMENT PLEADER FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.20892 OF 2010 --------------------------------------- Dated this the 4th day of August, 2010. J U D G M E N T The Award passed by the District Collector as per Exhibit P3 is under challenge in this writ petition. The acquisition is for widening of N.H 47 as per the notification dated 04.01.2005. The same is under the National Highway Act, 1956. 2. The property of the petitioner having an extent of 7.5 cents comprised in Survey No.137/2, 137/7D of Potta Village was acquired. It is pointed out that the compensation awarded does not reflect the correct market value. It is pointed out in paragraph 8 of the writ petition that the Award was passed by the District Collector namely, the successor in office of the predecessor who heard the matter. It is, therefore, submitted that the same is in violation of the principles of natural justice . 3. As directed by this Court, the 2nd respondent has filed a statement wherein it is mentioned that the case was heard by W.P.(C) No.20892/2010 2 Dr.M.Beena, the former District Collector who was the Arbitrator appointed by the Central Government under the National Highway Act. The Award is passed by Dr.V.K.Baby who was the District Collector posted when Dr.M.Beena was transferred. The Award was passed on the basis of the hearing done by the predecessor in interest in office and based on the details submitted before the then Arbitrator. 4. It cannot be disputed that the petitioner was offered a personal hearing in the matter and the former District Collector personally heard the petitioner. It is well settled that the successor in office who disposed of the matter was obliged to offer a further hearing for the petitioner since the predecessor in office had not signed the Award. In that view of the matter, Exhibit P3 Award is set aside. There will be a direction to the Arbitrator namely, the District Collector to rehear the matter and after conducting the hearing in accordance with law, fresh Award will be passed within a period W.P.(C) No.20892/2010 3 of three months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp