APPUKUTTAN Vs. ARBITRATOR (N.H.) AND DISTRICT COLLECTOR

JUDGEMENT

(1.) The property owned by the petitioners herein was acquired for the purpose of development of Mannuthy- Wadukkamcherry Section of the NH47 invoking the provisions of the National Highways Act , 1956. Aggrieved by the amount of compensation fixed by the Land Acquisition Officer, the petitioners challenged the same before the Arbitrator. Though the amount of compensation was modified, no sum was granted towards solatium and interest on solatium.

(2.) The petitioners contend that the Hon'ble Supreme Court in Union of India and Another v. Tarsem Singh and Others [(2019) 9 SCC 304] had declared that Section 3J of the National Highways Act insofar as it deprives the landowner of solatium and interest in Section 23(1A) and (2) and interest payable in terms of the proviso to Section 28 is unconstitutional and that those benevolent provisions would apply to acquisitions made under the National Highways Act as well.

(3.) It is the case of the petitioners that since the entitlement of the landowners for solatium and interest having been declared by the Apex Court, the petitioners cannot be denied such benefits. Reliance is also placed on the judgment of this Court in Special Deputy Collector, Thrissur, and Another v. Vinodkumar and Another [2020 (2) KLT 399] to bring home his point that the petitioners are also entitled to the solatium and interest. Raising all these contentions, the petitioners submitted Exts.P4 and P4(a) representations before the 2nd respondent. Their prayer in this Writ Petition is to direct the 2nd respondent to consider Exts.P4 and P4(a) representations within a time frame.