LAWS(KER)-2021-11-148

MAIMU Vs. NATIONAL HIGHWAY AUTHORITY OF INDIA

Decided On November 25, 2021
MAIMU Appellant
V/S
NATIONAL HIGHWAY AUTHORITY OF INDIA Respondents

JUDGEMENT

(1.) The petitioner has approached this Court impugning the Award issued by the Competent Authority for Land Acquisition (CALA for short) appointed under the provisions of the National Highways Act ('NH Act' for short) with respect to certain extents of property acquired from her.

(2.) The petitioner says that even though a portion of her property, along with portions of a building thereon has been acquired, the CALA has not taken into account the loss suffered by her on account of the fact that the balance portion of the building has become useless; and therefore, that she has preferred Ext.P7 request before the said Authority to correct the Award appropriately. She, therefore, prays that 3rd respondent be directed to take up and consider Ext.P7 and further that until such time as the proceedings are completed, demolition of the building be directed to be deferred.

(3.) I have heard Smt.M.A.Vaheeda Babu - learned counsel for the petitioner; Sri.Mathews K. Philip - learned Standing Counsel for the National Highway Authority of India (NHAI) and Smt.Surya Binoy - learned Senior Government Pleader appearing on behalf of respondents 2 and 3.