LAWS(KER)-2024-10-120

NATIONAL HIGHWAYS AUTHORITY Vs. REJI PHILIP

Decided On October 10, 2024
NATIONAL HIGHWAYS AUTHORITY Appellant
V/S
Reji Philip Respondents

JUDGEMENT

(1.) By these appeals, the Appellant - National Highways Authority of India (NHAI) has challenged the common judgment dtd. 17/5/2016 delivered by the learned Single Judge in W.P.(C) Nos. 29437 & 31306 of 2011 and W.P.(C) No. 27156 of 2012, setting aside the awards passed by the Arbitrator under the provisions of the National Highways Act, 1956 (Act 48 of 1956).

(2.) W.A. No. 1569 of 2016 is against the judgment delivered in W.P. (C) No. 29437 of 2011, W.A. No. 1574 of 2016 is against the judgment delivered in W.P.(C) No. 31306 of 2011 and W.A. No. 1576 of 2016 is against the judgment delivered in W.P(C) No. 27156 of 2012. The said writ petitions were filed by Respondent No.1/Original Petitioners.

(3.) The lands owned by the Original Petitioners situated at Vadakkancherry Village in Alathur Taluk were acquired by the Deputy Collector (Competent Authority), Land Acquisition for National Highways, Palakkad - Respondent No.3 in all the appeals, upon the requisition made by the NHAI under the provisions of the Act 48 of 1956 and awards were passed. Aggrieved by the inadequacy of the compensation awarded, the Writ Petitioners have filed applications before the Respondent No.2 - District Collector, Palakkad, (Arbitrator for Land Acquisition, National Highway), who found that the basis lands relied on and the acquired lands were not identical.