K. KUNJUKRISHNAN NAIR Vs. SPECIAL DEPUTY COLLECTOR COMPETENT AUTHORITY, LAND ACQUISITION NATIONAL HIGHWAY

JUDGEMENT

(1.) The dismissal of a commission application filed in a reference under section 3H(4) of the National Highways Act, 1956, [for short "the Act"] is under challenge in this Original Petition.

(2.) The petitioner claims to be the owner of 25 cents of property situated in Old Sy. No.36/3A of Kulathur village as per Ext.P1 Sale Deed No.2393 dated 31.07.1978. It is his contention that his property along with a larger extent of property was, in the absence of the petitioner, included by the Re-survey Authorities in R.S.403/34 in the name of the second respondent.

(3.) On coming to know of the said wrongful inclusion, the petitioner had been taking steps before authorities seeking correction of the resurvey records. In the meantime, the property in R.S.403/34 was acquired by the Government for the Kazhakkoottam-Kaliyikkavila National Highway Bypass under the National Highways Act. Though there was some dispute regarding the claim for reference by the petitioner herein, ultimately pursuant to the order of the Lok Ayukta, the matter was referred to the District Court, Thiruvananthapuram and was numbered as Reference Case No.2/2017.