PROJECT DIRECTOR HIGHWAYS OF INDIA Vs. SANTHA

JUDGEMENT

(1.) The above Writ Appeal is filed against the final order made in W.P. No. 18082 of 2013 dated 31.7.2013. The Appellant is the third party in the Writ Petition and obtained leave of this Court to file this Writ Appeal. The First Respondent herein as the Writ Petitioner filed the above Writ Petition for a Mandamus directing the Respondents 2 & 3 therein (Respondents 3 & 4 herein) to acquire the land under the Fast Track Project to constitute District Level Purchasing Committee under National Highways Act and follow the procedures as laid down under the Guidelines issued by the Government of Kerala vide Order No. 37940/B1/09/RD dated 25.8.2009 and to pay reasonable and adequate Compensation to the land owners taking into account the prevailing market rate within a time frame.

(2.) The case of the Writ Petitioner before the Writ Court is as follows:

(3.) The learned Single Judge by considering the fact that formation of the bypass road connecting NH-17 for a total length of 421 KMS falls to a stretch of 18KM in the State of Kerala and part of Mahe region of Puducherry Government; that the acquisition proceedings initiated under the Land Acquisition Act came to be withdrawn in view of the fact that the Compensation fixed was far below the prevailing market rate; that subsequent Acquisition proceedings were initiated under the National Highways Act as has been done at Kerala also in respect of the remaining part of the bypass road; that in order to accelerate the Land Acquisition proceedings the Kerala State formulated a Fast Track Project by forming District Level Purchase Committee to determine the land value and State Level Empowered Committee to approve the land value and that the Chief General Manager, National Highways Authority of India through his communication dated 9.4.2013 agreed with the suggestion made by the Government of Puducherry for constitution of such Committees for assisting the Competent Authority in determining the Compensation, passed an Interim Order on 11.7.2013 by directing the Chief Secretary, Government of Puducherry to constitute a District Level Purchase Committee and State Level Empowered Committee to determine the Compensation payable to the land owners taking into account that similar Committees were constituted by the Government of Kerala. Accordingly, the Government of Puducherry, constituted District Level Purchase Committee and State Level Empowered Committee in G.O.Ms. No. 7 dated 25.7.2013. Consequent upon formation of such Committees and informing the said fact before the learned Single Judge, the Writ Petition was allowed on 31.7.2013 by directing the Respondents 2 & 3 therein to complete the entire process of determination of Compensation and payment of the amount to the concerned land owners on or before 29th November 2013.