Sukhalal N.P vs National Highways Authority Of India

Gopinath P, J

The petitioner is the son of late Purushothaman. According to the petitioner, late Purushothaman was the owner of an extent of 1.12 Ares of land in Sy No.122/2-2 of Cherthala North Village. According to the petitioner, though the document of title shows only an extent of 1.12 Ares, the late father of the petitioner was actually in possession of 1.75 Ares. The petitioner claims that though the land acquisition proceedings were initiated in respect of lands in Sy No.122/1-5 (as per notification) factually it is the property of the petitioner that has been acquired. According to the petitioner, though the land of the petitioner has been completely acquired for the purpose of development of National Highway - 66, in the notification for acquisition of land, the Survey number was wrongly mentioned as Sy.No.122/1-5 instead of Sy.No.122/2-2. It is the submission of the learned counsel for the petitioner that despite producing all documents proving the claim of the petitioner and other legal heirs of late Purushothaman to the land acquisition compensation, the competent authority has not sanctioned the land acquisition compensation citing the difference in the survey number and in the extent. The leaned counsel submits that the petitioner will be satisfied if the land acquisition compensation in respect of 1.12 Ares of land is released as per the document of title. It is submitted that the mentioning of the survey number Sy.No.122/1-5 in the land acquisition notification can only be a mistake.

The learned Government Pleader, on instructions, would submit that the land acquisition compensation was not released to the petitioner owing to the mistake in the survey number and the dispute regarding the extent. However, it is not disputed that in almost identical situations pursuant to directions issued by this Court, land acquisition compensation has been released after obtaining an undertaking that if any rival claim is made and it is found that the said claimant is entitled to compensation, the person who obtained the compensation will be required to refund the same.

The learned counsel appearing for the petitioner submits that the petitioner will produce a legal heirship certificate before the competent authority and shall also execute undertakings by each of the legal heirs of late Purushothaman undertaking to refund the amount received as compensation if there are any rival claimants at any later point of time. It is submitted that if the petitioner and other legal heirs of late Purushothaman do not get the compensation released, they will be put to great prejudice as their entire residential premises have already been acquired.

Having heard the learned counsel for the petitioner and the learned Government Pleader and taking into account orders passed by this Court in almost similar circumstances [Exts.P6(a) and P6(b)], this writ petition will stand disposed of in the following manner:-

i) The petitioner shall produce legal heirship certificate of late Purushothaman before the competent authority. The amount of compensation for 1.12 Ares of land shall be released to those found entitled in terms of the legal heirship certificate, after obtaining a suitable undertaking from them undertaking to refund the amounts if any rival claim arises at some later point of time.

ii) The competent authority shall ensure that suitable endorsements are made in the documents of title so as to ensure that the petitioner does not claim any other land as being his in terms of the description of the survey number in the title document and in the Revenue Records. It is made clear that the entire amount of compensation received by the petitioner and the other legal heirs will be liable to be recovered if it were to be found that the land acquisition compensation for the land which is subject matter of this writ petition is actually payable to any third party.

iii) The competent authority shall endeavour to complete the proceedings, within a period of one month from date on which the legal heirship certificate and the affidavits of undertaking are produced before him.

The writ petition is disposed of as above.