IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 WP(C).No. 36058 of 2005(P) -------------------------- PETITIONER(S): --------------- ANNIE THOMAS, W/O.P.J.THOMAS, PAROKKARAN HOUSE, KORATTY, THRISSUR DISTRICT. BY ADV. SRI.K.G.BALASUBRAMANIAN RESPONDENT(S): --------------- 1. THE SPECIAL TAHSILDAR (LAND ASSIGNMENT), MUKUNDAPURAM TALUK. 2. THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY & COMPETENT AUTHORITY, N.H.D.P. CHEMBUKKAVU, THRISSUR. 3. STATE OF KERALA, REPRESENTED BY SECRETARY, MINISTRY OF TRANSPORT, THIRUVANANTHAPURAM. 4. UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF TRANSPORT, NEW DELHI. ADDITIONAL RESPONDENT 5. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA NHDP, CHEMBAKKAVU, THRISSUR Impleaded vide order dated 26-02-2008 in I.A.No.2756/08 BY GOVERNMENT PLEADER SMT.LAKSHMI RANI SRI.THOMAS ANTONY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/01/2009 ALONG WITH WPC NO. 36265 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS EXT.P1 TRUE COPY OF SALE CERTIFICATE DATED 27-11-1961 IN O.S.NO. 52/1960 IN THE COURT OF THE MUNSIFF, IRINJALAKKUDA EXT.P2 TRUE COPY OF APPLICATION DATED 24-12-1979 SUBMITTED BY ADBULLAH BEFORE FIRST RESPONDENT. EXT.P3 TRUE COPY OF ASSIGNMENT DEED NO. 2089/64 OF CHALAKKUDY REGISTRY OFFICE. EXT.P4 TRUE COPY OF APPLICATION DATED 21-7-81 SUBMITTED BY PETITIONER BEFORE SPECIAL TAHSILDAR (LAND ASSIGNMENT) THRISSUR EXT.P5 TRUE COPY OF LETTER DATED 26-09-81 FROM SPECIAL TAHSILDAR (LAND ASSIGNMENT), THRISSUR EXT.P6 TRUE COPY OF REPRESENTATION DATED 15-12-2005 SUBMITTED BY PETITIONER BEFORE RESPONDENTS 1 AND 2. RESPONDENT'S EXHIBITS EXT.R4(A) TRUE COPY OF THE SECURITY BOND EXECUTED BY THE FIRST PETITIONER ALONG WITH THE 6TH RESPONDENT UNDER THE KERALA GENERAL SALES TAX RULES, 1963 ON 2-2-1995 /True Copy/ PA to Judge. PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).Nos.36058/2005 & 36265 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of January , 2009 JUDGMENT The grievance prominently raised by the petitioners in these writ petitions was that the respondents have not even valued the buildings standing on the property proposed to be acquired. Pursuant to an interim order passed by this court, the buildings were valued and the value so determined, I am told by the learned Government Pleader as well as by the learned standing counsel for the National Highways Authority of India, have been remitted with the SLAO. This being the position, it is for the SLAO to pass awards. I am sure that the SLAO will pass award without undue delay. While passing award, the claims of the petitioners to the entitlement of compensation on account of the buildings will also be taken into account. Award will be passed at the earliest and at any rate within six weeks of receiving a copy of this judgment. The SLAO will hear the petitioners and the NHAI through counsel before passing awards. If the petitioners are aggrieved by the WPC.Nos. 36058/05 & 36265/08 2 award passed, it is always open to the petitioners to invoke statutory remedy of arbitration. While passing award and taking decision on the question of release of the amount to the petitioners, the SLAO will have due regard to the stand taken by the Government before this court in this writ petition. It is made clear that this judgment does not decide the petitioners claim for entitlement for value of land. PIUS.C.KURIAKOSE JUDGE sv. WPC.Nos. 36058/05 & 36265/08 2