P M THOMAS Vs. DISTRICT COLLECTOR AND ARBITRATOR

JUDGEMENT

(1.) The prayers in the above Writ Petition (Civil) are as follows:

(2.) Heard Sri. M.P. Ashok Kumar, the learned counsel appearing for the petitioner, Sri. Saigi Jacob Palatty, the learned Senior Government Pleader appearing for respondents 1 to 3 and Sri. Thomas Antony, the learned Standing Counsel for the National Highway Authority of India (NHAI) appearing for R4.

(3.) The 2nd respondent (Deputy Collector (Land Acquisition) has filed a counter affidavit dated 7.12.2013 in this case. It is averred in paragraph 3 of the said counter affidavit that an extent of 0.0249 hectares of land comprised in survey No.318/15A of Ollukara Village was acquired from the petitioner and two others for widening of NH-47 and that in this case, building structure has been missed for valuation in the preliminary stage of sanctioning compensation and after that valuation for certain missing items of structure has been evaluated as per Valuation Report No.396. In paragraph 4 of the said counter affidavit, it is further stated that as per the structure valuation report of the building, the supplementary estimate has been prepared and submitted to the respondent National Authority of India on 5.8.2013 for sanctioning sufficient fund and that the respondent NHAI has approved for allotting supplementary funds on 9.10.2013 and after that, necessary instructions to prepare Section 3G (3) Note for compensation amount have been given to the Special Tahsildar, Union No.3 on 18.10.2013. Further it is clearly stated in paragraph 4 of the said counter affidavit of the 2nd respondent that the petitioner is eligible for the compensation claimed and that after approval of the estimate allotting the sufficient fund from the NHAI authority, supplementary award will be passed and additional compensation will be given to him etc.