High CourtsSingle Bench(2023) 06 KL CK 0315

B. Rajashekhara vs Project Director National Highways Authority Of India

High Court Of Kerala · Decided on 21 June 2023

HON’BLE JUDGES
Gopinath P, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 2861 Of 2023

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Judgment

6 paragraphs · 284 words

Gopinath P, J

1.

An extent of 27 Sq. metres of land was acquired from the petitioner for the purposes of development of the National Highway-66. Ext.P1 award was issued, fixing the compensation payable to the petitioner as Rs.9,53,323/-. The National Highways Authority challenged the award in favour of the petitioner by filing Ext.P3 application under Section 3G(5) of the National Highways Act before the District Collector. That application of the National Highways Authority has been rejected as per Ext.P7 order.

2.

Learned counsel appearing for the petitioner would submit that, in the light of the rejection of the application under Section 3G(5) of the Act, the respondents have to release the amount of compensation fixed in terms of Ext.P1 award to the petitioner, forthwith.

3.

Learned Government Pleader and the learned Standing Counsel appearing for the National Highways Authority do not seriously dispute the position that the amount fixed as per Ext.P1 award will now have to be disbursed to the petitioner.

4.

Having heard the learned counsel appearing for the petitioner and the learned Government Pleader appearing for the official respondents and the learned Standing Counsel appearing for the National Highways Authority, the writ petition will stand disposed of, directing the competent authority to release the amount of compensation fixed in terms of Ext.P1 award to the petitioner, without any further delay, and at any rate, within a period of one month from the date of receipt of a certified copy of this judgment. It is made clear that the disbursal of the amount will not stand in the way of the National Highways Authority, challenging Ext.P7 order , in accordance with the law.

The writ petition is disposed of as above.