Kerala High Court
Sreejith S vs Union Of India on 13 March, 2020
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
RP No.581/2019 and con. cases
-:1:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 13TH DAY OF MARCH 2020 / 23RD PHALGUNA, 1941
WP(C).No.26634 OF 2019(D)
PETITIONERS:
1 SREEJITH S.
AGED 36 YEARS
S/O.B.SURANJAYAN, SREEBHAVAN, CHANGANKULANGARA,
VAVVAKAVU.P.O., KARUNAGAPALLY, KOLLAM DISTRICT-
690528.
2 RADHAKRISHNAN NAIR.G.
AGED 57 YEARS
S/O.GOPINATHAN NAIR, 'RAGENDU', KUMARAPURAM.P.O.,
HARIPPAD, ALAPPUZHA DISTIRCT-690548.
3 BINU VARGHESE
AGED 39 YEARS
S/O.VARGHESE, KALLOOTHARAYIL, PATHIYOOR WEST,
KAREELAKULANGARA.P.O., ALAPPUZHA DISTRICT-690572.
BY ADVS.
SRI.P.A.MOHAMMED SHAH
SHRI.ASWIN KUMAR M J
SMT.HELEN P.A.
SHRI.MOHAMED MUSTHAFA A.K.
SHRI.MUHAMMED JANAISE V.
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY SECRETARY, MINISTRY OF ROAD
TRANSPORT AND HIGHWAYS, NEW DELHI-110001.
2 STATE OF KERALA,
REPRESENTED BY SECRETARY, PUBLIC WORKS DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
3 NATIONAL HIGHWAY AUTHORITY OF INDIA,
G-586, SECTOR-10, DWARAKA, NEW DELHI-110075,
REPRESENTED BY ITS CHAIRMAN.
4 PROJECT DIRECTOR,
RP No.581/2019 and con. cases
-:2:-
NATIONAL HIGHWAY AUTHORITY OF INDIA, TC-29/1539/1,
RAJASREE KAIRALI, PERUMTHANNI, VALLAKKADAVU.P.O.,
THIRUVANANTHAPURAM-695008.
5 SPECIAL DEPUTY COLLECTOR AND
COMPETENT AUTHORITY, LAND ACQUISITION, NATIONAL
HIGHWAY AUTHORITY OF INDIA, COLLECTORATE,
ALAPPUZHA-688001.
6 SPECIAL DEPUTY COLLECTOR AND
COMPETENT AUTHORITY, LAND ACQUISITION, NATIONAL
HIGHWAY AUTHORITY OF INDIA, COLLECTORATE, KOLLAM-
691013.
R1 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
R1 BY SMT.I. SHEELA DEVI, CGC
R2, R5-6 BY GOVERNMENT PLEADER
R4 BY ADV. SRI.K.A.SALIL NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-
02-2020, ALONG WITH RP.581/2019 AND CONNECTED CASES, THE COURT
ON 13-03-2020 DELIVERED THE FOLLOWING:
RP No.581/2019 and con. cases
-:3:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 13TH DAY OF MARCH 2020 / 23RD PHALGUNA, 1941
RP.No.581 OF 2019 IN WP(C). 39160/2018
AGAINST THE ORDER/JUDGMENT IN WP(C) 39160/2018(T) OF HIGH COURT
OF KERALA
REVIEW PETITIONERS:
1 THE PROJECT DIRECTOR,
NATIONAL HIGHWAY AUTHORITY OF INDIA, HAVING OFFICE
AT VII/511-B, NEYTHELI - MAVELIPURAM ROAD,
MAVELIPURAM, KAKKANAD - 682 030
2 DIRECTOR GENERAL IROADS DEVELOPMENT) AND SPECIAL
SECRETARY
ROOM NO.213, MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS, TRANSPORT BHAVAN, 1, PARLIAMENT STREET,
NEW DELHI
3 CHAIRMAN
NHAI, G-5 AND 6, SECTOR - 10, DWARAKA, NEW DELHI -
110075
BY ADVS.
SRI.B.G.BIDAN CHANDRAN
SMT.R.ASALATHA VARMA
SRI.E.C.KURIAKOSE
M/S.M.V.KINI AND CO., SC, NHAI
RESPONDENTS:
1 A.G.DHARMARATNAM,
AGED 77 YEARS
S/O. A. S. GOVINDAN, ERANEZHATH ANDEZATH HOUSE,
THALIKULAM P. O., CHAVAKKAD, THRISSUR - 680 569
2 PRABHULLA CHANDRAN
AGED 66 YEARS, S/O. KOCHU KRISHNAN, PANDARA HOUSE,
THALIKULAM P. O., THRISSUR - 680 569
3 E. S. SUKHADEV
AGED 60 YEARS
RP No.581/2019 and con. cases
-:4:-
S/O. SANKARA NARAYANAN, ERANEZHATH VENGALIK,
THALIKULAM P. O., THRISSUR - 680 569
4 E. K. RAVI
AGED 72 YEARS,
S/O. LATE EYYANI KUNJAPPU, EYYANITHARA, THALIKULAM
P. O., THRISSUR - 680 569
5 RAJESH T. C.
AGED 41 YEARS
S/O. CHANDRAN T. S., THANDASSERY HOUSE, THALIKULAM
P. O., THRISSUR - 680 569
6 SUNISHA THILAKAN
AGED 56 YEARS
W/O. THILAKAN, ERANEZHATH VENGALI HOUSE, THALIKULAM
P. O., THRISSUR - 680 569
7 P. K. PUSHPAMANI
AGED 81 YEARS
W/O. LATE K. K. SANKARANARAYANAN, KARUVATH HOUSE,
THALIKULAM P. O., THRISSUR - 680 569
8 SEENA SUNILKUMAR
AGED 48 YEARS
W/O. SUNILKUMAR, VADUKKUMCHERY HOUSE, THRITHALLUR,
CHELODU, VADANAPPALLY, THRISSUR - 680619
9 K. K. ASHOKAN
AGED 63 YEARS
S/O. KRISHNANKUTTY, KURUDIYARA HOUSE, THALIKULAM P.
O., THRISSUR - 680 569
10 M. ZEKKINA
AGED 74 YEARS
W/O. A. V. ABDULLA, ARAKKAVEETTIL HOUSE, THALIKULAM
P. O., THRISSUR - 680 569
11 A. K. PRAKASAN
AGED 73 YEARS
S/O. MEENAKSHY, ANDEZHAT, THALIKULAM P. O.,
THRISSUR - 680 569
12 IBRAHIMKUTTY C. B.
AGED 66 YEARS
S/O. BAVU, CHANDANAPARAMBIL, THALIKULAM P. O.,
THRISSUR - 680 569
13 K. V. SANTHAKUMARI
AGED 74 YEARS
W/O. LATE P. T. K. SUGATHAN, THACHAPPULLY HOUSE,
RP No.581/2019 and con. cases
-:5:-
THRITHALLUR, CHELODU, VADANAPPALLY, THRISSUR - 680
619
14 SUSRUTHA BABU
AGED 73 YEARS
S/O. RAMA KRISHNAN, PARAKKAL THACHAPPULLY HOUSE,
THRITHALLUR - 680 619
15 SOBHANAKUMAR T. M.
AGED 68 YEARS
S/O. MADHAVAN, THINDIYIL HOUSE, THALIKULAM P. O.,
THRISSUR - 680 569
16 SANATH T. S.
AGED 49 YEARS
S/O. SUDHAKARAN, THINDIYIL HOUSE, THALIKULAM P. O.,
THRISSUR - 680 569
17 SARADHA SANKARAN
AGED 87 YEARS
W/O. LATE EYYANI SANKARAN, EYYANI HOUSE, THALIKULAM
P. O., THRISSUR - 680 569
18 M. K. JAIKISH
AGED 43 YEARS
S/O. KRISHNANKUTTY, MUNAPPIL HOUSE, MUNAYAM,
KATTOOR P. O., THRISSUR -680 702
19 NANDAKUMAR E. V. K.
AGED 58 YEARS
S/O. LATE KUNHIMAMA E. K., ERANEZHATH VENGALI
HOUSE, THALIKULAM P. O., THRISSUR - 680 569
20 GIRISH T. C.
AGED 38 YEARS
S/O. CHANDRAN T. S., THANDASSERY HOUSE, THALIKULAM
P. O., THRISSUR - 680 569
21 P. S. ASHRAF
AGED 59 YEARS
S/O. SAIDALIKUTTY, PATHIYAPARAMBATH HOUSE,
THALIKULAM P. O., THRISSUR - 680 569
22 E. G. PRAHLADAN
AGED 67 YEARS
S/O. GOPALAN, ERANEZHATH KIZHAKUTTAYIL HOUSE,
THALIKULAM P. O., THRISSUR - 680 569
23 P. M. ABDUL GAFOOR
RP No.581/2019 and con. cases
-:6:-
AGED 56 YEARS
S/O. MOHAMMAED, PANIKKAVEETIL HOUSE, PTHENTHODU,
THALIKULAM P. O., THRISSUR - 680 569
24 VASANTHY SURESH
AGED 51 YEARS
W/O. SURESH BABU K. S., KADVIL KOTTUKKAL HOUSE,
THRITHALLUR, THALIKULAM P. O., THRISSUR - 680 569
25 P. B. RAGHUNATHAN
S/O. BHASKARAN, PANAPARAMBIL HOUSE, THALIKULAM P.
O., THRISSUR - 680 569. REP. BY HIS POWER OF
ATTORNEY HOLDER, SHRI P. B. RAGHUNATHAN, AGED 54
YEARS, S/O. BHASKARAN, PANAPARAMBIL
HOUSE,THALIKULAM P. O., THRISSUR - 680 569
26 SOMANATHAN
AGED 65 YEARS
S/O. MADHAVAN, VYKKATTIL HOUSE, THRITHALOOR,
VADANAPPILLY, THRISSUR - 680 619
27 AMINA P. A.
AGED 62 YEARS
W/O. HAMSA, PANIKKUVEETTIL HOUSE, THRITHALOOR P.
O., THRISSUR - 680 619
28 KABEER V. A.
AGED 53 YEARS
S/O. ABDULLAKUTTY, VALIYAKATH HOUSE, THRITHALOOR P.
O., THRISSUR - 680 619
29 SAIDU MOHAMMED
AGED 57 YEARS
S/O. SAIDU, PUTHIYAVEETTIL HOUSE, THRITHALOOR P.
O., THRISSUR - 680 619
30 UNION OF INDIA
REP. BY SECRETARY, MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS, GOVERNMENT OF INDIA, NEW DELHI - 110001
31 SPECIAL DEPUTY COLLECTOR (LA) AND COMPETENT
AUTHORITY
OFFICE OF NH 17, (KUTTIPURAM - EDAPALLY),
KODUNGALLUR P. O., THRISSUR DISTRICT - 680 664
R1-29 BY ADV. SRI.P.SATHISAN
R30 BY SMT.C.G.PREETHA, CGC
RP No.581/2019 and con. cases
-:7:-
OTHER PRESENT:
ADDL AG RANJITH THAMPAN
THIS REVIEW PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
05-02-2020, ALONG WITH RP.584/2019 AND CONNECTED CASES, THE
COURT ON 13-03-2020 DELIVERED THE FOLLOWING:
RP No.581/2019 and con. cases
-:8:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 13TH DAY OF MARCH 2020 / 23RD PHALGUNA, 1941
RP.No.584 OF 2019 IN WP(C). 42170/2018
AGAINST THE ORDER/JUDGMENT IN WP(C) 42170/2018(U) OF HIGH COURT
OF KERALA
REVIEW PETITIONERS:
1 THE PROJECT DIRECTOR
NATIONAL HIGHWAY AUTHORITY OF INDIA, HAVING OFFICE
AT VII/511-B, NEYTHELI-MAVELIPURAM ROAD,
MAVELIPURAM ROAD, MAVELIPURAM, KAKKANAD-682030.
2 DIRECTOR GENERAL (ROADS DEVELOPMENT) AND SPECIAL
SECRETARY,
ROOM NO.213, MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS, TRANSPORT BHAVAN, 1, PARLIAMENT STREET,
NEW DELHI.
3 CHAIRMAN,
NHAI, G-5 AND 6, SECTOR-10, DWARAKA, NEW DELHI-
110075.
BY ADVS.
SRI.B.G.BIDAN CHANDRAN
SMT.R.ASALATHA VARMA
SRI.E.C.KURIAKOSE
RESPONDENT/S:
1 SAKEER HUSSAIN
AGED 49 YEARS
S/O.MOHAMMED, PANIKKAVEETIL HOUSE,THALIKULAM P.O.,
THRISSUR-680569.
2 PRAMOD,
AGED 49 YEARS
S/O.NARAYANAN,THALIKULAM HOUSE, THALIKULAM P.O.,
CHAVAKKAD, THRISSUR-680569.
3 UNION OF INDIA,
REP. BY SECRETARY, MINISTRY OF ROAD TRANSPORT AND
RP No.581/2019 and con. cases
-:9:-
HIGHWAYS, GOVERNMENT OF INDIA, NEW DELHI-110001.
4 SPECIAL DEPUTY COLLECTOR(LA) AND COMPETENT
AUTHORITY,
OFFICE OF NH 17, (KUTTIPURAM-EDAPALLY), KODUNGALLUR
P.O., THRISSUR DISTRICT-680664.
R1-2 BY ADV. SRI.P.SATHISAN
R3 BY SMT.C.G.PREETHA, CGC
THIS REVIEW PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
05-02-2020, ALONG WITH RP.581/2019 AND CONNECTED CASES, THE
COURT ON 13-03-2020 DELIVERED THE FOLLOWING:
RP No.581/2019 and con. cases
-:10:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 13TH DAY OF MARCH 2020 / 23RD PHALGUNA, 1941
RP.No.23 OF 2020 IN WP(C). 42170/2018
AGAINST THE ORDER/JUDGMENT IN WP(C) 42170/2018(U) OF HIGH COURT
OF KERALA
REVIEW PETITIONER:
SPECIAL DEPUTY COLLECTOR (LA) AND COMPETENT
AUTHORITY,,
OFFICE OF NO.NH 17, (KUTTIPURAM-EDAPPALLY),
KODUNGALLUR P.O., THRISSUR DISTRICT-680664.
BY ADV. SRI.RANJITH THAMPAN,ADDL.ADVOCATE GENER
RESPONDENTS:
1 SAKEER HUSSAIN,
S/O. MOHAMMED, PANIKKAVEETIL HOUSE, THALIKULAM
P.O., THRISSUR-680569.
2 PRAMOD,
S/O. NARAYANAN, THALIKULAM HOUSE, THALIKULAM P.O.,
CHAVAKKAD, THRISSUR-680569.
3 UNION OF INDIA,
REPRESENTED BY SECRETARY, MINISTRY OF ROAD
TRANSPORT AND HIGHWAYS, GOVERNMENT OF INDIA, NEW
DELHI-110001.
4 PROJECT DIRECTOR,
NATIONAL HIGHWAY AUTHORITY OF INDIA (HEAD OFFICE),
DWARKA SECTOR 10, NEW DELHI-110075.
5 DIRECTOR GENERAL (ROAD DEVELOPMENT) AND
SPECIAL SECRETARY, ROOM NO.213, MINISTRY OF ROAD
TRANSPORT AND HIGHWAYS, TRANSPORT BHAWAN, I,
PARLIAMENT STREET, NEW DELHI-110001.
6 CHAIRMAN,
NHAI, G-5 AND 8 SECTOR-10, DWARKA, NEW DELHI-
110075.
RP No.581/2019 and con. cases
-:11:-
R3, R5 BY SMT.C.G.PREETHA, CGC
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 05-02-
2020, ALONG WITH RP.581/2019 AND CONNECTED CASES, THE COURT ON
13-03-2020 DELIVERED THE FOLLOWING:
RP No.581/2019 and con. cases
-:12:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 13TH DAY OF MARCH 2020 / 23RD PHALGUNA, 1941
RP.No.45 OF 2020 IN WP(C). 39160/2018
AGAINST THE ORDER/JUDGMENT IN WP(C) 39160/2018(T) OF HIGH COURT
OF KERALA
REVIEW PETITIONER:
SPECIAL DEPUTY COLLECTOR (LA) AND COMPETENT
AUTHORITY,
OFFICE OF NH 174, (KUTTIPURAM -EDAPPALLY),
KODUNGALLUR P.O., THRISSUR DISTRICT-680664.
BY ADV. SRI.RANJITH THAMPAN,ADDL.ADVOCATE GENER
RESPONDENTS:
1 A.G. DHARMARATNAM,
AGED 77 YEARS, S/O. A.S. GOVINDAN, ERANEZHATH
ANDEZATH HOUSE, THALIKULAM P.O., CHAVAKKAD,
THRISSUR-680569.
2 PRABHULLA CHANDRAN,
AGED 66 YEARS, S/O. KOCHU KRISHNAN, PANDARA HOUSE,
THALIKULAM P.O., THRISSUR-680569.
3 E.S. SUKHADEV,
AGED 60 YEARS, S/O. SANKARA NARAYANAN, ERANEZHATH
VENGALIK, THALIKULAM P.O., THRISSUR-680569.
4 E.K. RAVI,
AGED 72 YEARS, S/O. LATE EYYANI KUNJAPPU,
EYYANITHARA, THALIKULAM P.O., THRISSUR-680569.
5 RAJESH T.C.,
AGED 41 YEARS, S/O. CHANDRAN T.S., THANDASSERY
HOUSE, THALIKULAM P.O., THRISSUR-680569.
6 SUNISHA THILAKAN,
AGED 56 YEARS, W/O. THILAKAN, ERANEZHATH VENGALI
HOUSE, THALIKULAM P.O., THRISSUR-680569.
RP No.581/2019 and con. cases
-:13:-
7 P.K. PUSHPAMANI,
AGED 81 YEARS, W/O. LATE K.K. SANKARANARAYANAN,
KARUVATH HOUSE, THALIKULAM P.O., THRISSUR-680569.
8 SEENA SUNILKUMAR,
AGED 48 YEARS, W/O. SUNILKUMAR, VADUKKUMCHERY
HOUSE, THRITHALLUR, CHELODU, VADANAPPALLY,
THRISSUR-680519.
9 K.K. ASHOKAN,
AGED 63 YEARS, S/O. KRISHNANKUTTY, KURUDIYARA
HOUSE, THALIKULAM P.O., THRISSUR-680569.
10 M. ZEKKINA,
AGED 74 YEARS, W/O. A.V. ABDULLA, ARAKKAVEETTIL
HOUSE, P.O. EDASSERY, THALIKULAM P.O., THRISSUR-
680569.
11 A.K. PRAKASAN,
AGED 73 YEARS, S/O. MEENAKSHY, ANDEZHAT, THALIKULAM
P.O., THRISSUR-680569.
12 IBRAHIMKUTTY C.B.,
AGED 66 YEARS, S/O. BAVU, CHANDANAPARAMBIL,
THALIKULAM P.O., THRISSUR-680569.
13 K.V. SANTHAKUMARI,
AGED 74 YEARS, W/O. LATE P.T.K. SUGATHAN,
THACHAPPULLY HOUSE, THRITHALLUR, CHELODU,
VADANAPPALLY, THRISSUR-680619.
14 SUSRUTHA BABU,
AGED 73 YEARS, S/O. RAMA KRISHNAN, PARAKKAL
THACHAPPULLY HOUSE, THRITHALLUR-680619.
15 SOBHANAKUMAR T.M.,
AGED 68 YEARS, S/O. MADHAVAN, THINDIYIL HOUSE,
THALIKULAM P.O., THRISSUR-680569.
16 SANATH T.S.,
AGED 49 YEARS, S/O. SUDHAKARAN, THINDIYIL HOUSE,
THALIKULAM P.O., THRISSUR-680569.
17 SARADHA SANKARAN,
AGED 87 YEARS, W/O. LATE EYYANI SANKARAN, EYYANI
HOUSE, THALIKULAM P.O., THRISSUR-680569.
18 M.K. JAIKISH,
AGED 43 YEARS, S/O. KRISHNANKUTTY, MUNAPPIL HOUSE,
MUNAYAM, KATTOOR P.O., THRISSUR-680702.
RP No.581/2019 and con. cases
-:14:-
19 NANDAKUMAR E.V.K.,
AGED 58 YEARS, S/O. LATE KUNHIMAMA E.K., ERANEZHATH
VENGALI HOUSE, THALIKULAM P.O., THRISSUR-680569.
20 GIRISH T.C.,
AGED 38 YEARS, S/O. CHANDRAN T.S., THANDASSERY
HOUSE, THALIKULAM P.O., THRISSUR-680569.
21 P.S. ASHRAF,
AGED 59 YEARS, S/O. SAIDALIKUTTY, PATHIYAPARAMBATH
HOUSE, THALIKULAM P.O., THRISSUR-680569.
22 E.G. PRAHLADAN,
AGED 67 YEARS, S/O. GOPALAN, ERANEZHATH
KIZHAKUTTAYIL HOUSEW, THALIKULAM P.O., THRISSUR-
680569.
23 P.M. ABDUL GAFOOR,
AGED 56 YEARS, S/O. MOHAMMED, PANIKKAVEETIL HOUSE,
PUTHENTHODU, THALIKULAM P.O., THRISSUR-680569.
24 VASANTHY SURESH,
AGED 51 YEARS, W/O. SURESH BABU K.S., KADAVIL
KOTTUKAL HOUSE, THRITHALLUR, THALIKULAM P.O.,
THRISSUR-680569.
25 P.B. RAGHUNATHAN,
S/O. BHASKARAN, PANAPARAMBIL HOUSE, THALIKULAM
P.O., THRISSUR-680569, REPRESENTED BY HIS POA
HOLDER SRI. P.B.RAGHUNATHAN, AGED 54 YEARS, S/O.
BHASKARAN, PANAPARAMBIL HOUSE, THALIKULAM P.O.,
THRISSUR-680569.
26 SOMANATHAN,
AGED 65 YEARS, S/O. MADHAVAN, VYKKATTIL HOUSE,
THRITHALLUR, VADANAPILLY, THRISSUR-680619.
27 AMINA P.A.,
AGED 62 YEARS, W/O. HAMSA, PANIKKUVEETTIL HOUSE,
THRITHALLOOR P.O., THRISSUR-680619.
28 KABEER V.A.,
AGED 62 YEARS, S/O. ABDULLAKUTTY, VALIYAKTH HOUSE,
THRITHALLOOR P.O., THRISSUR-680619.
29 SAIDU MOHAMMED,
AGED 57 YEARS, S/O. SAIDU, PUTHIYAVEETTIL HOUSE,
THRITHALLOOR P.O., THRISSUR-680619.
30 UNION OF INDIA,
RP No.581/2019 and con. cases
-:15:-
REPRESENTED BY SECRETARY, MINISTRY OF ROAD
TRANSPORT AND HIGHWAYS, GOVERNMENT OF INDIA, NEW
DELHI-110001.
31 PROJECT DIRECTOR,
NATIONAL HIGHWAYS AUTHORITY OF INDIA (HEAD OFFICE),
DWARAKA SECTOR 10, NEW DELHI.
32 DIRECTOR GENERAL (ROADS DEVELOPMENT) AND
SPECIAL SECRETARY, ROOM NO.213, MINISTRY OF ROAD
TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN 1,
PARLIAMENT STREET, NEW DELHI.
33 CHAIRMAN,
NHAI, G-5 AND 6, SECTOR-10, DWARAKA, NEW DELHI-
110075.
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 05-02-
2020, ALONG WITH RP.581/2019 AND CONNECTED CASES, THE COURT ON
13-03-2020 DELIVERED THE FOLLOWING:
RP No.581/2019 and con. cases
-:16:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 13TH DAY OF MARCH 2020 / 23RD PHALGUNA, 1941
WP(C).No.14399 OF 2019(Y)
PETITIONERS:
1 MADHUSOODHANAN.M.A
AGED 71 YEARS
S/O AANDI,MAVATHEZHATH HOUSE,
THALIKULAM.P.O,THRISSUR-680569.
2 DIVAKARAN.T.K,
AGED 77 YEARS
S/O KUMARAN,THOTTUPURA HOUSE,
THALIKULAM.P.O,THRISSUR-680569.
3 JINACHANDRAN.T.P,
AGED 60 YEARS
PAVANKUTTY.T.S,THOZHUTHUMPARAMBIL
HOUSE,THALIKULAM.P.O,THRISSUR-680569.
4 SUNIL.V.S,
AGED 49 YEARS
S/O.SATHYAN,VAZHINADAKKAL HOUSE,
VADANAPPILLY.P.O,THRISSUR-680614.
5 VENUGOPALAN.K.R,
AGED 64 YEARS
S/O RAGHAVAN,KUNNATHULLY HOUSE,
THRITHALLOOR.P.O,THRISSUR-680619.
6 RUGMINI,
AGED 59 YEARS
W/O.KOCHAKKAN,VAKKATT HOUSE,
THRITHALLOOR.P.O,THRISSUR-680619.
7 VILASINI,
AGED 63 YEARS
W/O.BHAKTHAVALSALAN,PANAPARAMBIL
HOUSE,THALIKULAM.P.O,THRISSUR-680569.
8 VINODAN.M.U,
AGED 53 YEARS
RP No.581/2019 and con. cases
-:17:-
S/O VELAYUDHAN.M.K,MANANGATH HOUSE,
THALIKULAM.P.O,THRISSUR-680569.
9 PRABHATH.T.A,
AGED 50 YEARS
S/O.ARAVINDAKSHAN.T.K,THACHAPPULLY
HOUSE,THRITHALLOOR.P.O,THRISSUR-680619,REP.BY HIS
POWER OF ATTORNEY HOLDER JAYAPALAN.M.G.
10 GOVINDALAL.V.M,
AGED 50 YEARS
S/O.MADHUSUDHANAN.V.G,VAYAKKATTIL
HOUSE,THRITHALLOOR.P.O,THRISSUR-680619.
11 VIVEKANANDAN.P.K,
AGED 71 YEARS
S/O.KUNJIRAMANKKUTTY,PONNATH HOUSE,
THRITHALLOOR.P.O,THRISSUR-680619.
12 ANILKUMAR.T.K,
AGED 50 YEARS
S/O.KUNHIKARAPPAN,THRIPRAYATUPURAKKEL,
THRITHALLOOR.P.O,THRISSUR-680619.
13 E.V.N.JAYAPRAKAS,
AGED 64 YEARS
S/O.NARAYANAN,ERANEZHATHVENGALI HOUSE,
POST THALIKULAM,THRISSUR-680569.
14 VALSALAN.C.K,
AGED 67 YEARS
S/O.KUMARAN,CHULLIPARAMBIL HOUSE,
POST THALIKULAM,THRISSUR-680569.
15 RAVINDRAN.V.M,
AGED 70 YEARS
S/O.MADHAVAN,VELEKKATTU HOUSE,
POST NATTIKA,PIN-680566.
16 SUDHA.K.B,
AGED 65 YEARS
W/O THOMAS GEORGE(LATE),VAZHAPPILLY HOUSE,POST
NATTIKA,PIN-689569.
17 C.K.KRISHNADAS,
AGED 72 YEARS
S/O.KUMARAN,CHULLIPARAMBIL HOUSE,
THALIKULAM.P.O,PIN-680569.
BY ADV. SRI.P.SATHISAN
RP No.581/2019 and con. cases
-:18:-
RESPONDENT/S:
1 UNION OF INDIA
REP.BY SECRETARY,MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS,GOVERNMENT OF INDIA, NEW DELHI-110001.
2 PROJECT DIRECTOR,
NATIONAL HIGHWAYS,GOVERNMENT OF INDIA,
NEW DELHI-110001.
3 DIRECTOR GENERAL(ROAD DEVELOPMENT)AND SPECIAL
SECRETARY,
ROOM NO.213,MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS,TRANSPORT BHAVAN,PARLIAMENT STREET,NEW
DELHI.
4 CHAIRMAN,NHAI,
G-5 AND 6,SECTOR-10,DWARAKA,NEW DELHI-110075.
5 SPECIAL DEPUTY COLLECTOR(LA) AND COMPETENT
AUTHORITY,
OFFICE OF NH 17,(KUTTIPURAM-EDAPPALLY),
KODUNGALLUR.P.O,THRISSUR DISTRICT.
R1 BY SRI.ROJO JOSEPH THURUTHIPARA, CGC
R2, R4 BY M/S.M.V.KINI AND CO., SC, NHAI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-
02-2020, ALONG WITH RP.581/2019 AND CONNECTED CASES, THE COURT
ON 13-03-2020 DELIVERED THE FOLLOWING:
RP No.581/2019 and con. cases
-:19:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 13TH DAY OF MARCH 2020 / 23RD PHALGUNA, 1941
WP(C).No.14912 OF 2019(L)
PETITIONERS:
1 GIRIJA SHEKHARAN,
AGED 66 YEARS
W/O.SHEKHARAN, KARUVATH HOUSE, P.O.THALIKULAM,
THRISSUR-680569.
2 ARAVINDA GHOSH,
AGED 68 YEARS
S/O.KUNJHAYYAPPAN, IYYANITHARA HOUSE,
P.O.THALIKULAM, THRISSUR-680569.
3 VASUDHA SREERAM,
AGED 46 YEARS
W/O.SREERAM, CHEMBANADAN HOUSE, P.O.THALIKULAM,
THRISSUR-680569.
4 REKHA E.R.,
AGED 55 YEARS
D/O.RETNAMANI RAMAKRISHNAN, ERANEZHATH VENGALI
HOUSE, P.O.THALIKULAM, THRISSUR-680569.
5 SAUDAMINI RAMACHANDRAN,
AGED 71 YEARS
W/O.RAMACHANDRAN, EYYANITHARA HOUSE,
P.O.THALIKULAM, THRISSUR-680569.
6 JAYASANKARAN T.R.,
AGED 71 YEARS
S/O.RAGHAVAN, THALIKULANGARA HOUSE, P.O.THALIKULAM,
THRISSUR-680569.
7 USHA VIJAYAN,
AGED 62 YEARS
W/O.VIJAYAN, CHEMBIPARAMBIL HOUSE, P.O.THALIKULAM,
THRISSUR-680569.
8 O.K.DIVAKARAN,
AGED 74 YEARS
RP No.581/2019 and con. cases
-:20:-
S/O.KANNU, OLLEKKATT HOUSE, P.O.THALIKULAM,
THRISSUR-680569.
9 A.K.GOURY,
AGED 80 YEARS
W/O.SANKARAN, KARUVATH HOUSE, P.O.THALIKULAM,
THRISSUR-680569.
10 PRIYA LIBEESH,
AGED 33 YEARS
W/O.LIBEESH, KUTTAMPARAMBATH HOUSE, P.O.THALIKULAM,
THRISSUR-680569.
11 FATHIMA MUHAMMED,
AGED 62 YEARS
W/O.MUHAMMED, PUTHIYAVEETTIL HOUSE, EDASSERY P.O.,
THALIKULAM-680569.
12 RAJAN K.S.,
AGED 60 YEARS
S/O.SANKU, KADAVIL HOUSE, THALIKULAM P.O.,
THRISSUR-680569.
13 ABOOBAKAR V.M.,
AGED 56 YEARS
S/O.MUHAMMED, VALIPAROMBIL HOUSE, EDASSERY P.O.,
THRISSUR-680569.
BY ADV. SRI.P.SATHISAN
RESPONDENTS:
1 UNION OF INDIA,
REP. BY SECRETARY, MINISTRY OF ROAD, TRANSPORT AND
HIGHWAYS, GOVERNMENT OF INDIA, NEW DELHI-110001.
2 PROJECT DIRECTOR,
NATIONAL HIGHWAY AUTHORITY OF INDIA (HEAD OFFICE),
DWARKA SECTOR 10, NEW DELHI.
3 DIRECTOR GENERAL (ROAD DEVELOPMENT) AND SPECIAL
SECRETARY,
ROOM NO.213, MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS, TRANSPORT BHAVAN, PARLIAMENT STREET, NEW
DELHI.
4 CHAIRMAN, NHAI,
G-5 AND 6, SECTOR-10, DWARAKA, NEW DELHI-110075.
5 SPECIAL DEPUTY COLLECTOR (LA) AND COMPETENT
AUTHORITY,
RP No.581/2019 and con. cases
-:21:-
OFFICE OF NH 17, (KUTTIPURAM-EDAPPALLY),
KODUNGALLUR P.O., THRISSUR DISTRICT.
R1-3 BY SRI.HARIDAS P.NAIR, CGC
R2, R4 BY M/S.M.V.KINI AND CO., SC, NHAI
R2, R4 BY ADV. SMT.R.ASALATHA VARMA
R5 BY GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-02-
2020, ALONG WITH RP.581/2019 AND CONNECTED CASES, THE COURT ON
13-03-2020 DELIVERED THE FOLLOWING:
RP No.581/2019 and con. cases
-:22:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 13TH DAY OF MARCH 2020 / 23RD PHALGUNA, 1941
WP(C).No.15034 OF 2019(D)
PETITIONERS:
1 CHACKOCHAN.T.F.,
AGED 52 YEARS
S/O.FRANCIS,THANIKKAL POOVATHINGAL HOUSE,
VATANAPPALLY P.O., THRISSUR-680 614
2 SHANMUGHAN,
AGED 77 YEARS
S/O.RAMAN, CHAKKAMADATHIL HOUSE, VATANAPPALLY P.O.,
THRISSUR-680 614
3 DASAN.C.V.,
AGED 53 YEARS
S/O.VALAPPAN, CHAKKANDAN HOUSE,VATANAPPALLY P.O.,
THRISSUR-680 614
4 RUBY JOY,
AGED 4 YEARS
W/O. K.J.JOY,KURUTHUKULANGARA MOOLEPARAMBIL HOUSE,
FRANCIS ROAD, KANDASSANKADAVU P.O., THRISSUR-680
613
5 MELIT KURIYAKKU ANNIE,
AGED 73 YEARS
W/O.THOBIYAS, NELLISSERY HOUSE, VATANAPPALLY P.O.,
THRISSUR-680 614
6 SANJU.C.S.,
AGED 37 YEARS
S/O.SANMUGHAN, CHAKKAMADATHIL HOUSE, VATANAPPALLY
P.O., THRISSUR-680 614
7 SIDEEK,
AGED 61 YEARS
S/O. PAREED, MANJIA VALAPPIL HOUSE, VATANAPPALLY
P.O., THRISSUR-680 614
8 JAYARAJAN.K.V.,
AGED 72 YEARS
RP No.581/2019 and con. cases
-:23:-
KURIYAKKOTTU HOUSE, CHURCH ROAD, VATANAPPALLY P.O.,
THRISSUR-680 614
9 THARABAI,
AGED 59 YEARS
W/O. MURALLEDHARAN, CHERKKARATHANDAYAN HOUSE,
TIPPUSULTAN ROAD, NADUVIALKARA, VATANAPPALLY P.O.,
THRISSUR-680 614
10 SURESH.V.V.,
AGED 50 YEARS
S/O. VELAYUDHAN,VAKKATTU HOUSE, VATANAPPALLY P.O.,
THRISSUR-680 614
BY ADV. SRI.P.B.AJOY
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY ,MAIN BLOCK,
SECRETARIAT, THIRUVANANTHAPURAM-695 001
2 UNION OF INDIA,
REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD
TRANSPORT AND HIGHWAYS, GOVERNMENT OF INDIA, NEW
DELHI-110 001
3 DIRECTOR GENERAL
( ROADS DEVELOPMENT) AND SPECIAL SECRETARY, ROOM
NO.213, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
TRANSPORT BHAVAN, PARLIAMENT, NEW DELHI-110 001
4 NATIONAL HIGHWAYS AUTHORITY OF INDIA,
REPRESENTED BY ITS CHAIRMAN, DWARAKA, SECTOR 10,
NEW DELHI-110075
5 PROJECT DIRECTOR,
NATIONAL HIGHWAYS AUTHORITY OF INDIA(HEAD OFFICE),
DWARAKA, SECTOR 10, NEW DELHI-110075
6 SPECIAL DEPUTY COLLECTOR(LA) AND CONTEMPOT
AUTHORITY,
OFFICE OF NH 17,(KUTTIPPURAM-EDAPPALLY), NORTH NADA
KODUNGALLUR P.O., THRISSUR-680 668
7 MINISTRY OF RURAL DEVELOPMENT,
GOVERNMENT OF INDIA, REPRESENTED BY ITS SECRETARY,
KRISHI BHAVAN, DR. RAJENDRA PRASAD ROAD, NEW DELHI-
110 001
R2-3, R7 BY SMT.I. SHEELA DEVI, CGC
R4 BY ADV. SRI.B.G.BIDAN CHANDRAN
RP No.581/2019 and con. cases
-:24:-
R4 BY ADV. SMT.R.ASALATHA VARMA
R4 BY ADV. SRI.E.C.KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-02-
2020, ALONG WITH RP.581/2019 AND CONNECTED CASES, THE COURT ON 13-03-
2020 DELIVERED THE FOLLOWING:
RP No.581/2019 and con. cases
-:25:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 13TH DAY OF MARCH 2020 / 23RD PHALGUNA, 1941
WP(C).No.16459 OF 2019(F)
PETITIONERS:
1 UBOLDIN.V.M.
AGED 61 YEARS
VAZHUVELIL, VALLUVALLY, KOONAMMAVU P.O, ERNAKULAM-
683 518
2 N.A. MUHAMMED ALI,
NAMPIPUNNILATHU HOUSE, VALLUVALLY, KOONAMMAVU P.O,
ERNAKULAM DISTRICT.
3 WILSON,
S/O. KESAVAN, NADAKKAPPARAMBU, VALLUVALLY,
KOONAMMAVU P.O, ERNAKULAM DISTRICT.
4 SURESH P.S,
S/O. SIVAN P.K, PUNCHAPPOKKATH, KOCHALVALLUVALLY,
VALLUVALLY, KOONAMMAVU P.O, ERNAKULAM DISTRICT.
5 RAMLATHHYDER,
W/O. HYDER, ALINAPARAMBIL, VALLUVALLY, VALLUVALLY,
KOONAMMAVU P.O, ERNAKULAM DISTRICT.
6 UNNIKRISHNAN P.S.,
S/O. SREEDHARAN VAIDYAN P.E, UDAYAM,
KACHANIKKODATH, VALLUVALLYNALAM MILE, KOONAMMAVU
P.O, ERNAKULAM.
7 BABU N.K,
S/O. T.K. KRISHNANKUTTY, NELLIPPILLIPATHIL,
VALLUVALLY, KOONAMMAVU P.O, ERNAKULAM DISTRICT.
8 PURUSHAN K.N,
S/O. NARAYANAN, KACHANIKKODATH, VALLUVALLY,
KOONAMMAVU P.O, ERNAKULAM DISTRICT.
9 P.G. RAJENDRAKUMAR.
SARADAMANDIRAM, VALLUVALLY, KOONAMMAVU P.O,
ERNAKULAM DISTRICT.
RP No.581/2019 and con. cases
-:26:-
10 THANKAPPAN P.C,
PUNCHAYIL KOCHAL, KOONAMMAVU P.O, ERNAKULAM
DISTRICT.
BY ADVS.
SRI.P.A.MOHAMMED SHAH
SMT.MARY RESHMA GEORGE
SMT.V.A.HARITHA
SRI.SIDHARTH B PRASAD
SRI.R.NANDAGOPAL
SHRI.ASWIN KUMAR M J
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY SECRETARY, MINISTRY OF ROAD
TRANSPORT AND HIGHWAYS, NEW DELHI-110 001
2 STATE OF KERALA,
REPRESENTED BY SECRETARY, PUBLIC WORKS DEPARATMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695 001
3 NATIONAL HIGHWAY AUTHORITY OF INDIA,
G-586, SECTOR-10, DWARAKA, NEW DELHI-110 075,
REPRESENTED BY ITS CHAIRMAN.
4 PROJECT DIRECTOR,
NATIONAL HIGHWAY AUTHORITY OF INDIA, THARAKANS,
HOUSE NO. IV/550, 1ST FLOOR, NEAR ICICI BANK, NH
NO. 544, RAJAGIRI ROAD, KALAMASSERY, ERNAKULAM
DISTRICT, KERALA-683 104
5 SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY,
LAND AQCUISITION, NATIONAL HIGHWAY AUTHORITY OF
INDIA, ERNAKULAM-682 030
R1 BY SMT.I. SHEELA DEVI, CGC
R4 BY M/S.M.V.KINI AND CO., SC, NHAI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-
02-2020, ALONG WITH RP.581/2019 AND CONNECTED CASES, THE COURT
ON 13-03-2020 DELIVERED THE FOLLOWING:
RP No.581/2019 and con. cases
-:27:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 13TH DAY OF MARCH 2020 / 23RD PHALGUNA, 1941
WP(C).No.18461 OF 2019(G)
PETITIONERS:
1 MRITHYUNJAYAN
AGED 74 YEARS
S/O. GOPALAKRISHNAN, KARTHIKA THEATRE,
ARAYAMPARAMBIL HOUSE, THALIKULAM, THRISSUR - 680
569.
2 ARUNA K. V.
AGED 59 YEARS
W/O. PREMOD, THE ARYA VAIDYA PHARMACY, ERANEZHATH
HOUSE, NATTIKA P. O., 680 569
3 V. K. BABURAJ
AGED 62 YEARS
S/O. KANNAPPANKUTTY, SUNTECH AGENCIES, ENGANDIYUR
P. O., PIN - 680 615.
4 A. K. JANARDHANAN
AGED 75 YEARS
S/O. KUMARAN, S. N. MANDIRAM, ANDEZHATH HOUSE,
THALIKULAM P. O., PIN - 680 569
5 C. K. SURESH STORE
AGED 54 YEARS
S/O. KANNAPPAN, C. K. SURESH, CHEMBOLAPURATH HOUSE,
THALIKULAM P. O., PIN - 680 569
6 SUDHEESH C. N.
AGED 51 YEARS
S/O. NARAYANAN, CHEMBOLA STORES, CHEMBOLAPURATH
HOUSE, THALIKULAM P. O., PIN - 680 569
BY ADVS.
SRI.P.SATHISAN
SMT.ROHINI S KUMAR
RESPONDENTS:
RP No.581/2019 and con. cases
-:28:-
1 UNION OF INDIA
REP. BY SECRETARY, MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS, GOVERNMENT OF INDIA, NEW DELHI - 110 001
2 PROJECT DIRECTOR
NATIONAL HIGHWAYS AUTHORITY OF INDIA (HEAD OFFICE),
DWARKA SECTOR 10, NEW DELHI - 110 001
3 DIRECTOR GENERAL (ROAD DEVELOPMENT) AND SPECIAL
SECRETARY
ROOM NO.213, MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS, TRANSPORT BHAVAN 1, PARLIAMENT STREET,
NEW DELHI - 110 001
4 CHAIRMAN
NHAI, G-5 AND 6, SECTOR - 10, DWARAKA, NEW DELHI -
110 075
5 SPECIAL DEPUTY COLLECTOR (LA) AND COMPETENT
AUTHORITY
OFFICE OF NH 17, (KUTTIPURAM - EDAPPALLY),
KODUNGALLUR P. O., THRISSUR DISTRICT - 680 501
R1 BY SMT.MINI GOPINATH, CGC
R2, R4 BY M/S.M.V.KINI AND CO., SC, NHAI
R4 BY ADV. SRI.K.A.SALIL NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-
02-2020, ALONG WITH RP.581/2019 AND CONNECTED CASES, THE COURT
ON 13-03-2020 DELIVERED THE FOLLOWING:
RP No.581/2019 and con. cases
-:29:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 13TH DAY OF MARCH 2020 / 23RD PHALGUNA, 1941
WP(C).No.22636 OF 2019(D)
PETITIONERS:
1 THITHEERIYAM,
AGED 62 YEARS
W/O.MOHAMMED, PUTHIYEDATH, ARIMBRA HOUSE,
KOZHICHINA, VALAKKULAM (PO), THENNALA - 676 508.
2 EHUVEETIL ABDU RAHIMAN KUTTY,
S/O.ETTUVEETTIL MOHAMMED KUTTY HAJI, ETTUVEETTIL
HOUSE, KAKKAD P.O., TIRURANGADI, MALAPPURAM (DT) -
676 306.
3 ABDU RAZAK PILATHOTTATHIL,
S/O.KUNHAHAMED, PILATHOTTATHIL HOUSE, KAKKAD
(P.O.), TIRURANGADI, MALAPPURAM (DT) - 676 306.
4 MR.ANIL N.,
VAKKALPULATH HOUSE, THODANAL (P.O.), MEENACHIL,
KOTTAYAM - 686 573.
5 RABIYA,
KAMMANKANDY HOUSE, IRUMBANKUDUKKU, PARAMBILPEEDIKA
(P.O.), PERUNVALLUR, MALAPPURAM (DT.) - 676 317.
6 KOYA,
KARAYIL HOUSE, PAINKANNUR, KATTIPPARUTHI,
PAINKANNUR, MALAPPURAM (DT.) - 679 571.
7 MOHAMMED ABDUNNAFIH KODUVALLY,
KODUVALLY HOUSE, MAKKILAPEEDIKA, PAINKANNUR (P.O.),
KATTIPPARUTHY, MALAPPURAM (DT. ) - 679 571.
8 ABDUL SAMAD,
THONIKKADAVATH HOUSE, PAINKANNUR (P.O.),
KATTIPPARUTHI, MALAPPURAM (DT.) - 679 571.
9 FATHIMA,
THONIKKADAVATH HOUSE, VALANCHERI, MALAPPURAM
DISTRICT.
RP No.581/2019 and con. cases
-:30:-
10 AMEER HAMSA,
PARIYARATH HOUSE, VALANCHERY, KATTIPPARUTHY,
MALAPPURAM (DT.) - 679 571.
11 SULAIKHA,
UNNEEN VEETTIL HOUSE, PADIKKAL, MOONNIYUR,
MALAPPURAM DISTRICT- 676 317.
12 ABDUL KAREEM PARAYI KOZHIPARAMBATH,
UNNEEN VEETIL, PADIKKAL, MOONNIYUR, MALAPPURAM
DISTRICT- 676 317.
13 BEEPATHU,
MANNAM THODI HOUSE, PADIKKAL, MOONNIYUR, MALAPPURAM
DISTRICT - 676 317.
14 ABDUL AZEEZ K.T.,
MANNATHODI HOUSE, VELIMUKKU SOUTH, MOONNIYUR,
MALAPPURAM DISTRICT - 676 317.
15 ABDUL AZEEZ,
THUNNICHALIL HOUSE, PADIKKAL, MOONNIYUR, MALAPPURAM
DISTRICT - 676 317.
16 IBRAHIM KUTTY,
KARUNECHI, PALACHIRAMAD, EDARIKKOD, PERUMANNA,
EDARIKODE, MALAPPURAM DISTRICT- 679 501.
17 MUHAMMED,
PARUTHIKUNNAN HOUSE, KOZHICHENA, VALAKOLAM,
TIRURANGADI, MALAPPURAM 679 508.
18 BEEVATHU,
CHAKKALAYIL HOUSE, MANNALAMKUNNU, PUNNAYUR,
THRISSUR - 680 518.
BY ADVS.
SRI.P.A.MOHAMMED SHAH
SMT.V.A.HARITHA
SHRI.ASWIN KUMAR M J
SMT.HELEN P.A.
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY SECRETARY, MINISTRY OF ROAD
TRANSPORT AND HIGHWAYS, NEW DELHI - 110 001.
2 STATE OF KERALA,
REPRESENTED BY SECRETARY, PUBLIC WORKS DEPARTMENT,
RP No.581/2019 and con. cases
-:31:-
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
3 NATIONAL HIGHWAY AUTHORITY OF INDIA,
G-586, SECTOR - 10, DWARAKA, NEW DELHI - 110 075,
REPRESENTED BY ITS CHAIRMAN.
4 PROJECT DIRECTOR,
NATIONAL HIGHWAY AUTHORITY OF INDIA, VAISHNAVAM,
BEHIND POPULAR VEHICLE MARUTHI SHOWROOM, CIVIL
STATION P.O., KOZHIKODE - 673 020.
5 SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY,
LAND ACQUISITION, NATIONAL HIGHWAY AUTHORITY OF
INDIA, MALAPPURAM - 676 504.
6 ADDL.R6. THE PROJECT DIRECTOR,
NATIONAL HIGHWAY AUTHORITY OF INDIA, VII/511B,
NEITHELI - MAVELIPURAM ROAD, MAVELIPURAM, KAKKANAD,
KERALA - 682030
ADDL.R6 IS IMPLEADED AS PER THE ORDER DATED
20.09.2019 IN IA NO.1/2019.
R1 BY SMT.I. SHEELA DEVI, CGC
R3-4 BY M/S.M.V.KINI AND CO., SC, NHAI
R3-4 BY ADV. SRI.B.G.BIDAN CHANDRAN
R3-4 BY ADV. SMT.R.ASALATHA VARMA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-
02-2020, THE COURT ON 13-03-2020, ALONG WITH RP.581/2019 AND
CONNECTED CASES, DELIVERED THE FOLLOWING:
RP No.581/2019 and con. cases
-:32:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 13TH DAY OF MARCH 2020 / 23RD PHALGUNA, 1941
WP(C).No.22789 OF 2019(W)
PETITIONERS:
1 ABOOBACKER.P.V
AGED 42 YEARS
S/O.AVUSAMUENNA BAPPINU, PUTHIYAVEETIL,
THAVALAKULAM, VELIYANKODE, PONNANI TALUK,
MALAPPURAM, KERALA-679579
2 MUHAMMED ASHRAF,
AGED 48 YEARS
C/O.AFEEFA, PUTHIYAVEETIL, THAVALAKULAM,
VELIYANKODE, PONNANI TALUK, MALAPPURAM, KERALA-
679579
3 JASMIN AHAMED,
AGED 46 YEARS
W/O.AHMED, CHULINTHEKATH HOUSE, PUTHUPONNANI,
PONNANI TALUK, MALAPPURAM, KERALA-679586
4 K.H.MUHAMEDKUTTY
AGED 67 YEARS
S/O.HYDER, KAYAMPUVAM HOUSE, PUTHIYIRUTHI,
PALAPETTY, PERUMBADAPPU VILLAGE, PONNANI TALUK,
MALAPPURAM , KERALA-679579
5 A.P.HAMEED,
AGED 62 YEARS
S/O.BAPPU, AKKARAPALLI, THAVALAKULAM, VELIYANKODE,
PONNANI TALUK, MALAPPURAM, KERALA-679579
6 ANGAT MOIDEENKUTTY
AGED 66 YEARS
S/O.MOHAMED, ANGAT HOUSE, VENIYUR.P.O., TIRURANGADI
TALUK, MALAPPURAM, KERALA-676508
7 MOHAMMED JABIR,
AGED 27 YEARS
S/O.AYISHUMMA, KARIMBIL MIKACHA HOUSE, KACHADI,
TIRURANGADI TALUK, MALAPPURAM, KERALA-676508
RP No.581/2019 and con. cases
-:33:-
8 ABDUL MAJEED K
AGED 60 YEARS
S/O.KUNHIMOIDEEN KUTTY, KALODI HOUSE, MARAKKARA,
RANDATHANI, TIRUR TALUK, MALAPPURAM, KERALA-676510
9 AFSAL
AGED 53 YEARS
S/O.IBRAHIM, 251, MUSLIAMVEETIL THEKKATH 1,
THAVALAKULAM, VELIYANKODE PANCHAYATH, PONNANI
TALUK, MALAPPURAM KERALA-679579
10 N.P.MOIDUTTY
AGED 62 YEARS
S/O.ALU, NALAKATHPUTHENTHEL, GRAMAM, VELIYANCODE,
PONNANI TALUK MALAPPURAM, KERALA-679579
BY ADV. SRI.P.SATHISAN
RESPONDENTS:
1 UNION OF INDIA
REP. BY SECRETARY, MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS, GOVERNMENT OF INDIA, NEW DELHI-110001.
2 PROJECT DIRECTOR,
NATIONAL HIGHWAYS AUTHORITY OF INDIA (HEAD OFFICE),
DWARAKA SECTOR 10, NEW DELHI-110075
3 DIRECTOR GENERAL(ROAD DEVELOPMENT)
AND SPECIAL SECRETARY, ROOM NO.213, MINISTRY OF
ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN, 1,
PARLIAMENT STREET, NEW DELHI-110001
4 CHAIRMAN,
NHA1, G-5 AND 6, SECTOR-10, DWARAKA, NEW DELHI-
110075
5 SPECIAL DEPUTY COLLECTOR(LA) NH AND
COMPETENT AUTHORITY OFFICE, KOTTAKKAL, MALAPPURAM
-676503
6 STATE OF KERALA
REP BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT,
SECRETARIAT, THIRUVANANTHPAURAM-695001
R1, R3 BY SMT.I. SHEELA DEVI, CGC
R2, R4 BY ADV. SMT.I.SHEELA DEVI
R2-3, R6 BY SRI.MOHAMMED ANZAR K.J., SPL.G.P. FOR
REVENUE
RP No.581/2019 and con. cases
-:34:-
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-
02-2020, ALONG WITH RP.581/2019 AND CONNECTED CASES, THE COURT
ON 13-03-2020 DELIVERED THE FOLLOWING:
RP No.581/2019 and con. cases
-:35:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 13TH DAY OF MARCH 2020 / 23RD PHALGUNA, 1941
WP(C).No.34704 OF 2019(K)
PETITIONER:
P.M. KUTTY,
AGED 76 YEARS
PARAYIL HOUSE, PALACHIRAMADU, EDARIKODU,
MALAPPURAM-676 501.
BY ADVS.
SRI.AUGUSTINE JOSEPH
SRI.K.S.ROCKEY
SRI.TONY AUGUSTINE
SRI.GEORGE RENOY
RESPONDENTS:
1 NATIONAL HIGHWAYS AUTHORITY OF INDIA,
REPRESENTED BY ITS CHAIRMAN, G5 AND 6, SECTOR 10,
DWARAKA, NEW DELHI-110075.
2 THE PROJECT DIRECTOR,
NATIONAL HIGHWAYS AUTHORITY OF INDIA, VII/511,
NEYTHELI, MAVELIPURAM ROAD, MAVELIPURAM, KAKKANAD,
ERNAKULAM-682 030.
3 UNION OF INDIA,
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DWARAKA, NEW DELHI-110075.
4 THE DISTRICT COLLECTOR,
CIVIL STATION, MALAPPURAM-676 505.
5 THE DEPUTY COLLECTOR LA (NH-66),
KOTTAKKAL, MALAPPURAM-676 503.
6 STATE OF KERALA,
PUBLIC WORKS DEPARTMENT, REPRESENTED BY ITS
SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
RP No.581/2019 and con. cases
-:36:-
R1-2 BY ADV. SRI.MATHEWS K.PHILIP
R3 BY ADV. SRI.K.ARJUN VENUGOPAL
R4-6 BY GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-
02-2020, ALONG WITH RP.581/2019 AND CONNECTED CASES, THE COURT
ON 13-03-2020 DELIVERED THE FOLLOWING:
RP No.581/2019 and con. cases
-:37:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 13TH DAY OF MARCH 2020 / 23RD PHALGUNA, 1941
WP(C).No.782 OF 2020(W)
PETITIONERS:
1 SELVARAJ K.,
AGED 53 YEARS
S/O. KOLAPPAN ACHARI, PROPRIETOR SWARNAMALIKA
JWELLERS, NATH SHOPPING COMPLEX, KAZHAKKUTTOM AND
RESIDING AT CSL BHAVAN, 13, PALACE NAGAR
KAZHAKKOTTAM P.O. THIRUVANANTHAPURAM 695 582.
2 ANILKUMAR, M.R.,
AGED 54 YEARS
S/O. MURALIDHARAN PROPRIETOR, S S UNITED
TECHNOLOGIES, NATH SHOPPING COMPLEX, N H ROAD,
KAZHAKKUTTOM AND RESIDING AT ROJA SADANAM,
VADASSERIKONAM P.O. VARKALA 6945143.
3 VINOD THOMAS,
AGED 63 YEARS
S/O. THOMAS MANUEL, PROPRIETOR THE ADORN, NATH
SHOPPOING COMPLEX, N H ROAD, KAZHAKKUTTOM AND
RESIDING AT STEELA HOUSE, OPP. BPCL MENAKULAM
KAZHAKKUTTOM 695 582.
4 CHANDRASEKHARAN NAIR,
AGED 59 YEARS
S/O. KUTTAN PILLAI, PROPRIETOR THIRUVONAM STORE,
NATH SHOPPING COMPLEX, N H ROAD, KAZHAKKUTTOM AND
RESIDING AT THIRUVONAM, 91, SIVANAGAR,
VADAKKUMBHAGUN, KAZHAKKUTTOM 695 582.
5 SHERIN.V.,
AGED 30 YEARS
S/O. VAHAB, PROPRIETOR, YUKKA MENS CLOTHING, NATH
SHOPPING COMPLEX, N H ROAD, KAZHAKKUTTOM AND
RESIDING AT AB MANZIL, TOLL JUNCTION, CHULLIMANOOR,
NEDUMANGADU, 695 541.
6 KANNAN P.S.,
S/O. PRASAD, PROPRIETOR, XPRESSO TECHNOLOGIES, NATH
RP No.581/2019 and con. cases
-:38:-
SHOPPING COMPLEX, N H ROAD, KAZHAKKUTTOM AND
RESIDING AT BHASAKARA VILASOM, ELAMANGALAM, ENATHU,
PATHANAMTHITTA.
BY ADV. SRI.J.HARIKUMAR
RESPONDENTS:
1 THE UNION OF INDIA REPRESENTED BY THE SECRETARY
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT
BHAVAN, I, PARLIAMENT STREET N DELHI 110 001.
2 THE NATIONAL HIGHWAYS AUTHORITY OF INDIA
REPRESENTED BY ITS CHAIRMAN, G-5 AND 6, SECTOR -10,
DWARAKA, NEW DELHI 110 075.
3 THE DEPUTY COLLECTOR AND COMPETENT AUTHORITY (LA)
FOR NATIONAL HIGHWAY,S COLLECTORATE,
KUDAPPANAKKUNNU, THIRUVANANTHAPURAM 695 043.
4 THE PROJECT DIRECTOR,
NATIONAL HIGHWAY AUTHORITY OF INDIA, PROJECT
IMPLEMENTATION UNIT, T C 36/414(5) KOYIKKAL VEEDU
KAVULANE, PALKULANGARA THIRUVANANTHAPURAM 695 024.
5 THE DISTRICT COLLECTOR,
COLLECTORATE, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM
695 043.
6 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, PUBLIC WORKS
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
7 AJITHNATH,
NATH AND SONS SHOPPING COMPLEX, N H ROAD,
KAZHAKKUTTOM, THIRUVANANTHAPURAM 695 582.
R1 BY SMT.I. SHEELA DEVI, CGC
R4 BY ADV. SRI.H.KIRAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-
02-2020, ALONG WITH RP.581/2019 AND CONNECTED CASES, THE COURT
ON 13-03-2020 DELIVERED THE FOLLOWING:
RP No.581/2019 and con. cases
-:39:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 13TH DAY OF MARCH 2020 / 23RD PHALGUNA, 1941
WP(C).No.1475 OF 2020(H)
PETITIONER:
SUDARSHANAN
AGED 64 YEARS
S/O.JANARDHANAN, GOOD MORNING HOUSE, ERAM CHERRY,
KARAMCODE.P.O., CHATHANOOR, KOLLAM.
BY ADV. SRI.ARUN BABU
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY ITS SECRETARY, MINISTRY OF ROAD,
TRANSPORTS AND HIGHWAYS, TRANSPORT BHAVAN-I,
PARALIMENT STREET, NEW DELHI-110001.
2 NATIONAL HIGHWAY AUTHORITY OF INDIA,
REPRESENTED BY ITS CHAIRMAN, G-5 AND 6, SECTOR 10,
DWARAKA, NEW DELHI-110075.
3 SPECIAL DEPUTY COLLECTOR AND
COMPETENT AUTHORITY (LA), FOR NATIONAL HIGHWAY-47
(NH-66), CIVIL STATION, COLLECTORATE, KOLLAM-
691013.
4 THE PROJECT DIRECTOR,
THE NATIONAL HGHWAY AUTHORITY OF INDIA, PROJECT
IMPLEMENTATION UNIT (KERALA REGION) TC.36/414(5),
KOYIKKAL VEEDU, KAVU LANE, PALKULANGARA,
THIRUVANANTHAPURAM-695024.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-
02-2020, ALONG WITH RP.581/2019 AND CONNECTED CASES, THE COURT
ON 13-03-2020 DELIVERED THE FOLLOWING:
RP No.581/2019 and con. cases
-:1:-
J U D G M E N T
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ RP No.581/2019 in W.P.(C).No.39160/2018, RP No.584/2019 in W.P.(C).No.42170/2018, R.P.No.23/2020 in W.P.(C).No.42170/2018, R.P.No.45/2020 in W.P.(C).No.39160/2018 & W.P.(C).Nos.14399/2019, 14912/2019, 15034/2019, 16459/2019, 18461/2019, 22636/2019, 22789/2019, 26634/2019, 34704/2019, 782/2020 & 1475/2020 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 13th day of March, 2020 These matters are taken up together to decide a question on the application of provisions for the compensation and rehabilitation and resettlement under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "Act 30 of 2013") in respect of the acquisition of land for National Highway under the National Highways Act, 1956. This Court disposed some of the writ petitions on the same question holding that the procedure as contained in Section 19 of Act 30 of 2013 will have to be followed while publishing declaration under Section 3D of the National Highways Act. Thereafter, review petitions were filed by the National Highway and the State Government. These review to the extent of dealing with the common issues as above have been taken up together along with other matters and being disposed by a common judgment. RP No.581/2019 and con. cases -:2:-
2. Act 30 of 2013 has replaced the Land Acquisition Act, 1894, a general law related to the acquisition of land for public purposes. This Act was mainly replaced as the issues of rehabilitation and resettlement of affected persons were not adequately addressed in the Land Acquisition Act, 1894. Act 30 of 2013 on its implementation has become general law relating to the land acquisition. National Highways Act, 1956 is a special enactment which was in force at the time of enactment of Act 30 of 2013. National Highways Act was enacted for a speedy acquisition of land for National Highway. Taking note of the general feature of Act 30 of 2013, the Parliament left it to the discretion of the Central Government to decide whether provisions of Act 30 of 2013 should be applied for other special enactments like the National Highways Act as seen from Section 105 of Act 30 of 2013. The Parliament gave the Central Government one year time from the date of commencement of Act 30 of 2013 to take a decision on the applications of provisions related to the determination of compensation under the First Schedule of Act 30 of 2013; rehabilitation and resettlement specified in the Second Schedule and; the Third Schedule for its application under the special enactments.
3. Act 30 of 2013 came into force with effect from 1.1.2014. The Central Government was unable to take a decision RP No.581/2019 and con. cases -:3:- within the time prescribed under Section 105 of the Act 30 of 2013. Thereafter, the Central Government invoking residuary power as conferred upon it under Section 113 of Act 30 of 2013 to remove any difficulty in giving effect to the provisions of Act 30 of 2013 issued an order on 28.8.2015. This order came into force with effect from 1.9.2015. The relevant portion of the said order reads thus:
"2. The provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, relating to the determination of compensation in accordance with the First Schedule, rehabilitation and resettlement in accordance with the Second Schedule and infrastructure amenities in accordance with the Third Schedule shall apply to all cases of land acquisition under the enactments specified in the Fourth Schedule to the said Act."
4. The point to be considered in these writ petitions is how far and to what extent the aforenoted order would apply for acquisition under the National Highways Act.
5. The National Highways Act is a special enactment. It contains procedural and substantial provisions for determination of compensation. The object of the special enactment is to deviate from the general provisions and to have its own procedure for the determination of compensation. It refers to two-tier procedures for determination of compensation. First, by the competent authority and on the dispute by reference to the Arbitrator appointed by the Central Government. The competent RP No.581/2019 and con. cases -:4:- authority is having wide power to determine compensation. The power to the corresponding authority under the Land Acquisition Act 1894 is limited and restricted.
6. Act 30 of 2013 contains elaborate provisions for the determination of compensation, rehabilitation and resettlement. As a first step, the social impact study has to be prepared after a public hearing. Thereafter, it has to be published. The appropriate Government has to evaluate the proposal for land acquisition based on social impact study. The only exemption from social impact assessment is when the land is required invoking urgency clause as referred under Section 40 of Act 30 of 2013. The appropriate Government on verification of social impact and on being satisfied that the land is required for a public purpose will issue preliminary notification under Act 30 of 2013. Upon publication of the preliminary notification, the Administrator for rehabilitation and resettlement appointed under Section 43 of Act 30 of 2013 will have to conduct a survey and undertake a census of affected families. The Collector, thereafter, would review the scheme prepared by the Administrator and forward the same with suggestions, if any, to the Commissioner of Rehabilitation and Resettlement for approval of the scheme. The Commissioner is appointed under Section 44 of Act 30 of 2013 by the State Government. The summary of the RP No.581/2019 and con. cases -:5:- approved scheme of the rehabilitation and resettlement by the Commissioner will have to be published along with the publication of the declaration of the land under Section 19 after hearing the objections as referred under Section 15 of Act 30 of 2013.
7. Thus, the procedure for rehabilitation and resettlement under Act 30 of 2013 can be summarized as follows:
7.i Preliminary notification under Section 11: This is after the evaluation of the social impact assessment report.
7.ii Preparation of Rehabilitation and Resettlement Scheme by the Administrator. (Section 16)
7.iii Review by the Collector. (Section 17)
7.iv Approval of the Scheme by the Commissioner. [Section 17(2)]
7.v Publication of declaration along with a summary of Rehabilitation and Resettlement Scheme. (Section 19)
8. Under the National Highways Act, declaration of acquisition is published after hearing of objections under Section 3C. The objector has to submit his objections within 21 days of publication of notification of sub-section 1 of Section 3A. Section 3D declaration will have to be published within one year from the date of notification under Section 3A. National Highways Act envisages a speedy conclusion of the proceedings and RP No.581/2019 and con. cases -:6:- the time period will have to be reckoned for an early conclusion of the proceedings.
9. This Court in the judgment under review had held that the summary of rehabilitation and resettlement will have to be published along with a declaration under Section 3D. The question, therefore, is whether such procedure as contemplated under Act 30 of 2013 for rehabilitation and resettlement will have to be followed for a declaration under Section 3D or not.
10. The object of the special enactment itself is to deviate from the procedure contemplated under the general provisions of law for acquisition. The outcome of both the enactments may be the same in a sense to compensate the landowners consequent upon involuntary acquisition. When different procedures and provisions are made under different enactments, the duty of the Court is to keep the distinct procedures and provisions apart and to construe the provisions harmoniously wherever it is required. While enacting Act 30 of 2013, the intention of the Parliament is to retain the special enactments and to give such benefits wherever it is advantageous to the landowners for acquisition under the special enactments.
The substantial provision regarding the determination of compensation and rehabilitation and resettlement are referred in the First Schedule, Second Schedule and Third Schedule. What was RP No.581/2019 and con. cases -:7:- intended under Section 105 of the Act 30 of 2013 is to apply substantial provisions of determination of compensation as referred under the First Schedule and rehabilitation and resettlement in the Second and Third schedule being beneficial to the affected families under the other enactments. It does not lay that such provisions which are applicable as procedural provisions would also be applied for acquisition under the special enactments. If the procedure as such is followed under Act 30 of 2013, it would impliedly repeal the power of the competent authority under the National Highways Act in considering the claim of rehabilitation and resettlement. That was not the intention of the Parliament. The Parliament intended of selective application of substantial provision and not the procedural aspects of general provisions to the special enactments. The second schedule refers to the elements of rehabilitation and resettlement entitlement. The Parliament intended only to apply the second schedule as such for acquisition under the National Highways Act and not the other procedural provisions as contemplated under Act 30 of 2013.
11. Section 3G of the National Highways Act refers to the power of the competent authority as well as of the Arbitrator for the determination of compensation. The competent authority, as well as the Arbitrator, will have to follow the provisions of the RP No.581/2019 and con. cases -:8:- First Schedule of Act 30 of 2013 while determining compensation under the National Highways Act.
12. Similarly, the competent authority, as well as the Arbitrator, also will have to follow the Second Schedule wherever it is applicable while exercising their power under Section 3G of the National Highways Act. The competent authority has to examine in each of the cases regarding the claim under the Second Schedule. The competent authority is bound to examine whether the elements of rehabilitation and resettlement entitlement will have to be provided or not in such a claim.
13. In the light of the discussions as above, the review petition has to be allowed and the writ petitions have to be disposed in the following manner:
13.i. The competent authority and the Arbitrator under the National Highways Act will have to determine the compensation in accordance with the first schedule of Act 30 of 2013 for acquisition under the National Highways Act.
13.ii The competent authority and the Arbitrator will have to consider the elements of rehabilitation and resettlement on case to case basis, based on the claim raised before it.
RP No.581/2019 and con. cases -:9:-
13.iii The procedure as contemplated under the Act 30 of 2013 need not be followed for rehabilitation and resettlement of landowners under the National Highways Act.
Sd/-
ms A.MUHAMED MUSTAQUE JUDGE RP No.581/2019 and con. cases -:10:- APPENDIX OF WP(C) 26634/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE TAX RECEIPT OF THE PROPERTY OWNED BY THE 1ST PETITIONER DATED 27.8.2019.
EXHIBIT P2 THE TRUE COPY OF THE TAX RECEIPT OF THE PROPERTY OWNED BY THE 2ND PETITIONER DATED 16.8.2018.
EXHIBIT P3 THE TRUE COPY OF THE TAX RECEIPT OF THE PROPERTY OWNED BY THE 3RD PETITIONER DATED 27.8.2019.
EXHIBIT P4 THE TRUE COPY OF THE TAX RECEIPT OF THE PROPERTY OWNED BY THE 3RD PETITIONER DATED 23.7.2019.
EXHIBIT P5 THE TRUE COPY OF THE ORDER ISSUED BY THE MINISTRY OF RURAL DEVELOPMENT DATED 28.8.2015.
EXHIBIT P6 THE TRUE COPY OF THE NOTE ISSUED BY PRESS INFORMATION BUREAU, GOVERNMENT OF INDIA, MINISTRY OF RURAL DEVELOPMENT DATED 28.8.2015.
EXHIBIT P7 THE TRUE COPY OF THE NOTIFICATION DATED 4.2.2019.
EXHIBIT P8 THE TRUE COPY OF THE NOTIFICATION DATED 11.2.2019.
EXHIBIT P9 THE TRUE COPY OF THE NOTIFICATION DATED 12.2.2019.
RP No.581/2019 and con. cases -:11:- APPENDIX OF WP(C) 14399/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RELEVANT EXTRACT OF NOTIFICATION IN MATHRUBHUMI DAILY DATED 26.06.2018.
EXHIBIT P1 A TRUE COPY OF THE RELEVANT EXTRACT OF NOTIFICATION IN MATHRUBHUMI DAILY DATED 12.07.2018.
EXHIBIT P2 TRUE COPY OF PROPERTY TAX RECEIPT DATED 20.02.2019 IN THE NAME OF 4TH PETITIONER. EXHIBIT P3 TRUE COPY OF THE OBJECTION SUBMITTED BY THE 15TH PETITIONER BEFORE THE 5TH RESPONDENT DATED 27.06.2018 EXHIBIT P4 TRUE COPY OF THE OBJECTION SUBMITTED BY THE 14TH PETITIONER BEFORE THE 5TH RESPONDENT DATED 16.08.2018.
EXHIBIT P5 TRUE COPY OF THE INTIMATION NO.Bi-4211/2018 DATED 25.10.2018.
EXHIBIT P6 TRUE COPY OF THE GAZETTE NOTIFICATION DATED 28.08.2015.
EXHIBIT P7 TRUE COPY OF THE LETTER NO.B1-2200/18 FROM THE 5TH RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE DE-NOTIFICATION DATED 5.03.2014.
EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN W.P(C)NO.39160 OF 2018 DATED 02.04.2019.
RP No.581/2019 and con. cases -:12:- APPENDIX OF WP(C) 14912/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RELEVANT EXTRACT OF NOTIFICATION IN MATHRUBHUMI DAILY DATED 26.06.2018.
EXHIBIT P1(A) TRUE COPY OF THE RELEVANT EXTRACT OF NOTIFICATION IN MATHRUBHUMI DAILY DATED 12.07.2018.
EXHIBIT P2 TRUE COPY OF PROPERTY TAX RECEIPT DATED 06.04.2019 IN THE NAME OF 10TH PETITIONER. EXHIBIT P3 TRUE COPY OF PROPERTY TAX RECEIPT DATED 17.04.2018 IN THE NAME OF 11TH PETITIONER. EXHIBIT P4 TRUE COPY OF THE OBJECTION SUBMITTED BY THE 12TH PETITIONER BEFORE THE 5TH RESPONDENT AND ITS ACKNOWLEDGEMENT.
EXHIBIT P5 TRUE COPY OF THE GAZETTE NOTIFICATION DATED 28.08.2015.
EXHIBIT P6 TRUE COPY OF THE GAZETTE NOTIFICATION DATED 11.04.2019.
EXHIBIT P7 TRUE COPY OF THE LETTER NO.B1-2200/18 FROM THE 5TH RESPONDENT.
EXHIBIT P8 TRUE COPY OF DE-NOTIFICATION DATED 5.03.2014.
EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.39160 OF 2018 DATED 02.04.2019. EXHIBIT P10 TRUE COPY OF THE RELEVANT EXTRACT OF THE GUIDELINE ISSUED BY MORTH DATED 28.12.2017 EXHIBITP11 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.4360/2019 DATED 13.02.2019 EXHIBITP12 TRUE COPY OF THE CIRCULAR DATED 17.12.2019 PRODUCED BY NATIONAL HIGHWAYS AUTHOIRTY OF INDIA EXHIBIT 13 TRUE COPY OF THE RELEVENT EXTRACT OF REASIBILITY REPORT PREPARED BY M/S. WILBUR RP No.581/2019 and con. cases -:13:- SMITH AN AGENCY APPOINTED BY NHAI RP No.581/2019 and con. cases -:14:- APPENDIX OF WP(C) 15034/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFICATION BEARING NO.S.O.2364(E) DATED 08/06/2018 ISSUED BY THE 4TH RESPONDENT EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT BEARING NO.0239379 DATED 26/04/2019 OF THE LANDED PROPERTY OF THE 1ST PETITIONER EXHIBIT P3 TRUE COPY OF THE LAND TAX RECEIPT BEARING NO.0096817 DATED 05/07/2018 OF THE LANDED PROPERTY OF THE 2ND PETITIONER EXHIBIT P4 TRUE COPY OF THE CERTIFICATE BEARING NO.2486 DATED 18/09/2018 ISSUED BY THE VILLAGE OFFICER, VADANAPPALLY EXHIBIT P5 TRUE COPY OF THE LAND TAX RECEIPT BEARING NO.0336468 DATED 29/09/2018 OF THE LANDED PROPERTY OF THE 4TH PETITIONER EXHIBIT P6 TRUE COPY OF THE LAND TAX RECEIPT BEARING NO.0396561 DATED 15/10/2018 OF THE LANDED PROPERTY OF THE 5TH PETITIONER EXHIBIT P7 TRUE COPY OF THE LAND TAX RECEIPT BEARING NO.0240872 DATED 07/05/2019 OF THE LANDED PROPERTY OF THE 6TH PETITIONER EXHIBIT P8 TRUE COPY OF THE LAND TAX RECEIPT BEARING NO.6827299 DATED 05/05/2017 OF THE LANDED PROPERTY OF THE 7TH PETITIONER EXHIBIT P9 TRUE COPY OF THE LAND TAX RECEIPT BEARING NO.0253995 DATED 09/05/2019 OF THE LANDED PROPERTY OF THE 8TH PETITIONER EXHIBIT P10 TRUE COPY OF THE LAND TAX RECEIPT BEARING NO.0293478 DATED 03/10/2017 OF THE LANDED PROPERTY OF THE 9TH PETITIONER EXHIBIT P11 TRUE COPY OF THE LAND TAX RECEIPT BEARING NO.1713521 DATED 19/05/2019 OF THE LANDED PROPERTY OF THE 10TH PETITIONER EXHIBIT P12 TRUE COPY OF THE LAND TAX RECEIPT BEARING RP No.581/2019 and con. cases -:15:- NO.0328951 DATED 17/09/2018 OF THE LANDED PROPERTY OF THE 10TH PETITIONER EXHIBIT P13 TRUE COPY OF THE RELEVANT PAGES OF THE BEARING NO.2368(E) DATED 28/08/2015 EXHIBIT P14 TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFICATION BEARING NO.G.S.R.985 (E) DATED 18/12/2105 EXHIBIT P15 TRUE COPY OF THE JUDGMENT OF THE HONOURABLE HIGH COURT OF KERALA IN W.P(C) NO.41170/2018 DATED 02/04/2019 RP No.581/2019 and con. cases -:16:- APPENDIX OF WP(C) 16459/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE TAX RECEIPT DATED 12.04.2018.
EXHIBIT P1 A THE TRUE COPY OF THE TAX RECEIPT ISSUED TO THE 2ND PETITIONER DATED 29.04.2019. EXHIBIT P1 B THE TRUE COPY OF THE TAX RECEIPT ISSUED TO THE 2ND PETITIONER'S WIFE, DATED 29.04.2019.
EXHIBIT P1 C THE TRUE COPY OF THE TAX RECEIPT ISSUED TO THE 3RD PETITIONER DATED 27.06.2018. EXHIBIT P1 D THE TRUE COPY OF THE TAX RECEIPT ISSUED TO THE 4TH PETITIONER DATED 02.04.2019. EXHIBIT P1 E THE TRUE COPY OF THE TAX RECEIPT ISSUED TO THE 5TH PETITIONER DATED 20.02.2019 EXHIBIT P1 F THE TRUE COPY OF THE TAX RECEIPT ISSUED TO THE 6TH PETITIONER DATED 06.06.2018 EXHIBIT P1 G THE TRUE COPY OF THE TAX RECEIPT ISSUED TO THE 7TH PETITIONER DATED 15.05.2019 EXHIBIT P1 H THE TRUE COPY OF THE TAX RECEIPT ISSUED TO THE 8TH PETITIONER DATED 26.12.2018 EXHIBIT P1 I THE TRUE COPY OF THE TAX RECEIPT ISSUED TO THE 9TH PETITIONER DATED 07.01.2019 EXHIBIT P1 J THE TRUE COPY OF THE TAX RECEIPT ISSUED TO THE 10TH PETITIONER DATED 21.01.2006 EXHIBIT P2 THE TRUE COPY OF THE RELEVANT PAGES OF SECTION 3A NORIFICATION PUBLISHED ON 21.12.2018.
EXHIBIT P3 THE TRUE COPY OF THE OBJECTION FILED BY THE 1ST PETITIONER DATED 09.01.2019.
EXHIBIT P3 A THE TRUE COPY OF THE OBJECTION FILED BY THE 2ND PETITIONER DATED 04.01.019.
EXHIBIT P3 B THE TRUE COPY OF THE OBJECTION FILED BY THE RP No.581/2019 and con. cases -:17:- 3RD PETITIONER DATED 04.01.2019.
EXHIBIT P3 C THE TRUE COPY OF THE OBJECTION FILED BY THE 4TH PETITIONER DATED 29.12.2018 EXHIBIT P3 D THE TRUE COPY OF THE OBJECTION FILED BY THE 5TH PETITIONER DATED 04.01.2019.
EXHIBIT P3 E THE TRUE COPY OF THE OBJECTION FILED BY THE 6TH PETITIONER DATED 29.12.2018 EXHIBIT P3 F THE TRUE COPY OF THE OBJECTION FILED BY THE 7TH PETITIONER DATED 28.12.2018 EXHIBIT P3 G THE TRUE COPY OF THE OBJECTION FILED BY THE 8TH PETITIONER DATED 29.12.2018 EXHIBIT P3 H THE TRUE COPY OF THE OBJECTION FILED BY THE 9TH PETITIONER DATED 04.01.019.
EXHIBIT P4 THE TRUE COPY OF THE RECEIPT FOR OBJECTION ISSUED TO THE 10TH PETITIONER DATED 04.01.2019.
EXHIBIT P5 THE TRUE COPY OF THE NOTICE ISSUED TO THE 1ST PETITIONER DATED O9.01.2019 EXHIBIT P5 A THE TRUE COPY OF THE NOTICE ISSUED TO THE 4TH PETITIONER DATED 28.03.2019 EXHIBIT P5 B THE TRUE COPY OF THE NOTICE ISSUED TO THE 5TH PETITIONER DATED 11.02.2019.
EXHIBIT P5 C THE TRUE COPY OF THE NOTICE ISSUED TO THE 6TH PETITIONER DATED 28.03.2019.
EXHIBIT P5 D THE TRUE COPY OF THE NOTICE ISSUED TO THE 7TH PETITIONER DATED 07.01.2019.
EXHIBIT P5 E THE TRUE COPY OF THE NOTICE ISSUED TO THE 8TH PETITIONER DATED 07.01.2019.
EXHIBIT P5 F THE TRUE COPY OF THE NOTICE ISSUED TO THE 9TH PETITIONER DATED 18.01.2019.
EXHIBIT P5 G THE TRUE COPY OF THE NOTICE ISSUED TO THE 10TH PETITIONER DATED 08.01.2019. EXHIBIT P6 THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONERS ALONG WITH THE CERTAIN OTHERS DATED NIL.
RP No.581/2019 and con. cases -:18:- EXHIBIT P7 THE TRUE COPY OF THE COMPLAINT FILED BY THE 2ND PETITIONER DATED 28.03.2019.
EXHIBIT P7 A THE TRUE COPY OF THE COMPLAINT FILED BY THE 3RD PETITIONER DATED 05.03.2019.
EXHIBIT P7 B THE TRUE COPY OF THE COMPLAINT FILED BY THE 4TH PETITIONER DATED NIL.
EXHIBIT P7 C THE TRUE COPY OF THE COMPLAINT FILED BY THE 6TH PETITIONER DATED 26.02.2019.
EXHIBIT P7 D THE TRUE COPY OF THE COMPLAINT FILED BY THE 6TH PETITIONER DATED NIL.
EXHIBIT P7 E THE TRUE COPY OF THE COMPLAINT FILED BY THE 6TH PETITIONER ALONG WITH THE LOCAL RESIDENCE DATED 05.03.2019.
EXHIBIT P7 F THE TRUE COPY OF THE COMPLAINT FILED BY THE 7TH PETITIONER DATED 28.02.2019.
EXHIBIT P7 G THE TRUE COPY OF THE COMPLAINT FILED BY THE 7TH PETITIONER DATED 22.01.2019.
EXHIBIT P7 H THE TRUE COPY OF THE COMPLAINT FILED BY THE 8TH PETITIONER DATED 24.01.2019.
EXHIBIT P7 I THE TRUE COPY OF THE COMPLAINT FILED BY THE 9TH PETITIONER DATED 03.04.2019.
EXHIBIT P8 THE TRUE COPY OF THE LETTER DATED 29.01.2019.
EXHIBIT P9 SIMILAR LETTER WAS ISSUED TO THE 8TH PETITIONER ALSO. THE TRUE COPY OF THE LETTER DATED 29.01.2019.
EXHIBIT P10 THE TRUE COPY OF THE LETTER DATED 29.03.2019.
EXHIBIT P11 THE TRUE COPY OF THE ORDER ISSUED BY THE MINISTRY OF RURAL DEVELOPMENT DATED 28.08.2015.
EXHIBIT P12 THE TRUE COPY OF THE ORDER ISSUED BY THE MINISTRUY OF RURAL DEVELOPMENT DATED 28.08.2015 THROUGH PRESS INFORMATION BUREAU.
RP No.581/2019 and con. cases -:19:- EXHIBIT P13 THE TRUE COPY OF THE GOVERNMENT ORDER DATED 29.12.2017.
EXHIBIT P14 THE TRUE COPY OF THE JUDGMENT IN WPC NO.
1324/2019 DATED 16.01.2019.
EXHIBIT P15 THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) NO. 42534 OF 2018 DATED 10.01.2019.
RP No.581/2019 and con. cases -:20:- APPENDIX OF WP(C) 18461/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RELEVANT EXTRACT OF NOTIFICATION IN MATHRUBHUMI DAILY DATED 26.06.2018.
EXHIBIT P1(a) TRUE COPY OF THE RELEVANT EXTRACT OF NOTIFICATION IN MATHRUBHUMI DAILY DATED 12.07.2018 EXHIBIT P2 TRUE COPY OF THE LICENSE ISSUED BY THALIKULAM GRAMA PANCHAYATH TO THE 2ND PETITIONER DATED 01.04.2019 EXHIBIT P2(a) TRUE COPY OF PROPERTY TAX OF 6TH PETITIONER DATED 08.04.2019 EXHIBIT P3 TRUE COPY OF THE OBJECTION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 5TH RESPONDENT DATED 04.07.2018 EXHIBIT P4 TRUE COPY OF THE ACKNOWLEDGEMENT OF EXHIBIT P3 DATED 05.07.2018 EXHIBIT P5 TRUE COPY OF THE GAZETTE NOTIFICATION DATED 28.08.2015 EXHIBIT P6 TRUE COPY OF THE LETTER NO.B1-2200/18 FROM THE 5TH RESPONDENT EXHIBIT P7 TRUE COPY OF DE-NOTIFICATION DATED 05.03.2014 EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.39160 OF 2018 DATED 02.04.2019. RP No.581/2019 and con. cases -:21:- APPENDIX OF WP(C) 22636/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE TAX RECEIPT ISSUED TO THE 1ST PETITIONER DATED 13/04/2018.
EXHIBIT P1 A THE TRUE COPY OF THE TAX RECEIPT ISSUED TO THE 1ST PETITIONER DATED 03/05/2019.
EXHIBIT P1 B THE TRUE COPY OF THE TAX RECEIPT ISSUED TO THE 2ND PETITIONER DATED 03/07/2018.
EXHIBIT P1 C THE TRUE COPY OF THE TAX RECEIPT ISSUED TO THE 3RD PETITIONER DATED 22/01/2019.
EXHIBIT P1 D THE TRUE COPY OF THE TAX RECEIPT ISSUED TO THE 4TH PETITIONER DATED 03/08/2019.
EXHIBIT P1 E THE TRUE COPY OF THE TAX RECEIPT ISSUED TO THE 5TH PETITIONER DATED 03/08/2019.
EXHIBIT P1 F THE TRUE COPY OF THE TAX RECEIPT ISSUED TO THE 6TH PETITIONER DATED 03/05/2019.
EXHIBIT P1 G THE TRUE COPY OF THE TAX RECEIPT ISSUED TO THE 7TH PETITIONER DATED 20/12/2018.
EXHIBIT P1 H THE TRUE COPY OF THE TAX RECEIPT ISSUED TO THE 8TH PETITIONER DATED 05/08/2019.
EXHIBIT P1 I THE TRUE COPY OF THE TAX RECEIPT ISSUED TO THE 9TH PETITIONER DATED 06/08/2018.
EXHIBIT P1 J THE TRUE COPY OF THE TAX RECEIPT ISSUED TO THE 10TH PETITIONER DATED 28/06/2018.
EXHIBIT P1 K THE TRUE COPY OF THE TAX RECEIPT ISSUED TO THE 11TH PETITIONER DATED 06/02/2019.
EXHIBIT P1 L THE TRUE COPY OF THE TAX RECEIPT ISSUED TO THE 12TH PETITIONER DATED 28/06/2019.
EXHIBIT P1 M THE TRUE COPY OF THE TAX RECEIPT ISSUED TO THE 13TH PETITIONER DATED 26/04/2017.
EXHIBIT P1 N THE TRUE COPY OF THE TAX RECEIPT ISSUED TO THE 14TH PETITIONER DATED 20/06/2019. RP No.581/2019 and con. cases -:22:- EXHIBIT P1 O THE TRUE COPY OF THE TAX RECEIPT ISSUED TO THE 15TH PETITIONER DATED 01/05/2019.
EXHIBIT P1 P THE TRUE COPY OF THE TAX RECEIPT ISSUED TO THE 16TH PETITIONER DATED 03/08/2019.
EXHIBIT P1 Q THE TRUE COPY OF THE TAX RECEIPT ISSUED TO THE 17TH PETITIONER DATED 07/11/2018.
EXHIBIT P1 R THE TRUE COPY OF THE TAX RECEIPT ISSUED TO THE 18TH PETITIONER DATED 31/07/2018.
EXHIBIT P2 THE TRUE COPY OF THE SECTION 3A NOTIFICATION PUBLISHED ON 02/04/2018.
EXHIBIT P2 A THE TRUE COPY OF THE SECTION 3A NOTIFICATION PUBLISHED ON 13/7/2018.
EXHIBIT P2 B THE TRUE COPY OF THE SECTION 3A NOTIFICATION PUBLISHED ON 01/03/2018.
EXHIBIT P3 THE TRUE COPY OF THE ORDER ISSUED BY THE MINISTRY OF RURAL DEVELOPMENT DATED 28/08/2015.
EXHIBIT P4 THE TRUE COPY OF THE ORDER ISSUED BY THE MINISTRY OF RURAL DEVELOPMENT DATED 28/08/2015 THROUGH PRESS INFORMATION BUREAU.
EXHIBIT P5 THE TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WP(C) NO.42534 OF 2018 DATED 10/01/2019.
RP No.581/2019 and con. cases -:23:- APPENDIX OF WP(C) 22789/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RELEVANT EXTRACT OF THE GAZETTEE NOTIFICATION DATED 21.12.2018 EXHIBIT P1 A TRUE COPY OF THE RELEVANT EXTRACT OF THE GAZETTE NOTIFICATION DATED 01.03.2018 EXHIBIT P1 B TRUE COPY OF THE RELEVANT EXTRACT OF THE GAZETTEE NOTIFICATION DATED 02.04.2018 EXHIBIT P2 TRUE COPY OF LAND TAX RECEIPT DATED
06.12.2018 IN THE NAME OF 6TH PETITIONER EXHIBIT P3 TRUE COPY OF THE LAND TAX RECEIPT DATED 09.04.2018 IN THE NAME OF 1ST PETITIONER EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WP(C)NO.4360/2018 DATED 13.02.2019 EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN WP(C)NO.7036/2018 DATED 12.03.2019 EXHIBIT P6 TRUE COPY OF THE RELEVANT EXTRACT OF GAZETTEE NOTIFICATION DATED 28.08.2015 EXHIBIT P7 TRUE COPY OF THE NOTIFICATION DATED 18.07.2018 EXHIBIT P7 A TRUE COPY OF THE RELEVANT EXTRACT OF NOTIFICATION DATED 31.07.2018 EXHIBIT P8 TRUE COPY OF THE INFORMATION NO.B1-2200/18 FROM THE 5TH RESPONDENT EXHIBIT P9 TRUE COPY OF THE DE-NOTIFICATION DATED 05.03.2014 EXHIBIT P10 TRUE COPY OF THE JUDGMENT IN WP(C)39160/2018 DATED 02.04.2019 EXHIBIT P11 TRUE COPY OF THE INTERIM ORDER IN WP(C)NO.14912/2019 DATED 30.05.2019 RESPONDENT'S/S EXHIBITS:
EXHIBIT R6(A) TRUE COPY OF NOTIFICATION DATED 28TH RP No.581/2019 and con. cases -:24:- AUGUST, 2015.
EXHIBIT R6(B) TRUE COPY OF G.O.(MS) NO.448/17/RD DATED 29.12.17.
RP No.581/2019 and con. cases -:25:- APPENDIX OF WP(C) 34704/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOTIFICATION PUBLICATION IN THE MALAYALA MANORAMA DAILY DATED 5.2.2010 EXHIBIT P2 TRUE COPY OF THE NOTIFICATION PUBLICATION IN THE MALAYALA MANORAMA DAILY DATED 24.1.2012 EXHIBIT P3 TRUE COPY OF THE NOTIFICATION PUBLICATION IN THE MALAYALA MANORAMA DAILY DATED 24.5.2013 EXHIBIT P4 TRUE COPY OF THE NOTIFICATION PUBLICATION IN THE MALAYALA MANORAMA DAILY DATED 14.3.2018 EXHIBIT P5 TRUE COPY OF THE NOTICE DATED 3.4.2018 FORM THE 5TH RESPONDENT TO THE PETITIONER EXHIBIT P6 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 3.4.2018 EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 31.3.2018 SUBMITTED BEFORE THE 1ST RESPONDENT EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 19.6.2019 IN WPC NO 12566/2018 EXHIBIT P9 TRUE COPY OF THE LETTER DATED 29.10.2019 FROM THE NATIONAL HIGHWAY AUTHORITY OF INDIA.
RP No.581/2019 and con. cases -:26:- APPENDIX OF WP(C) 782/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LICENSE ISSUED BY THE CORPORATION OF THIRUVANANTHAPURAM DATED 23/07/2019 TO THE FIRST PETITIONER.
EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 16/03/2009 UNDER THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT.
EXHIBIT P3 TRUE COPY OF THE LICENSE ISSUED BY THE CORPORATION OF THIRUVANANTHAPURAM DATED 11/10/2019 TO THE SECOND PETITIONER.
EXHIBIT P4 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 10/04/2019.
EXHIBIT P5 TRUE COPY OF THE LICENSE ISSUED BY THE KAZHAKKUTTOM GRAMA PANCHAYAT TO THE 3RD PETITIONER.
EXHIBIT P6 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 16/01/2018.
EXHIBIT P7 TRUE COPY OF THE RECEIPT OF LICENSE FEES ISSUED BY THE CORPORATION OF THIRUVANANTHAPURAM TO THE 4TH PETITIONER.
EXHIBIT P8 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 04/06/2012.
EXHIBIT P9 TRUE COPY OF THE LICENSE ISSUED BY THE CORPORATION OF THIRUVANANTHAPURAM TO THE 5TH PETITIONER.
EXHIBIT P10 TRUE COPY OF THE CERTIFICATE OF REGISTRATION.
EXHIBIT P11 TRUE COPY OF THE LICENSE ISSUED BY THE CORPORATION OF THIRUVANANTHAPURAM TO THE 6TH PETITIONER.
EXHIBIT P12 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 11/11/2015.
EXHIBIT P13 TRUE COPY OF THE JUDGMENT OF THIS RP No.581/2019 and con. cases -:27:- HONOURABLE COURT IN WPC NO. 27629 OF 2018 DATED 22/11/2018.
EXHIBIT P14 TRUE COPY OF THE NOTICE NO. 6/2018 DATED 06/12/2019 FROM THE 3RD RESPONDENT.
EXHIBIT P15 TRUE COPY OF THE NOTICE NO. 279/2018 DATED 6/12/2019 FROM THE 3RD RESPONDENT.
EXHIBIT P16 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE FIRST PETITIONER TO THE 3RD RESPONDENT DATED 23/12/2019.
RP No.581/2019 and con. cases -:28:- APPENDIX OF WP(C) 1475/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE RELEVANT PORTION OF THE NOTIFICATION PUBLISHED IN THE MALAYALA MANORAMA DAILY DATED 10.3.2018.
EXHIBIT P2 THE TRUE COPY OF THE ORDER DATED 4.10.2018 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P3 THE TRUE COPY OF THE RELEVANT PAGES OF THE RELEVANT PORTION OF NOTIFICATION NO.2113(E) PUBLISHED IN MATHRUBHUMI DAILY DATED 13.7.2019.
EXHIBIT P4 THE TRUE COPY OF THE APPLICATION DATED 15.7.2019 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.
EXHIBIT P5 THE TRUE COPY OF THE REPLY DATED 17.8.2019 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P6 THE TRUE COPY OF THE OBJECTION DATED 31.7.2019 SUBMITTED BY THE PETITIONER BEFORE THE SPECIAL DEPUTY COLLECTOR (LA). EXHIBIT P7 THE TRUE COPY OF THE SKETCH PREPARED BY THE SURVEYOR DATED 5.11.2019 PREPARED BY ONE LOHIDASAN,RETIRED SUPERINTENDENT OF SURVEY. EXHIBIT P8 THE TRUE COPY OF THE STATEMENT SUBMITTED ON 2.8.2019 BEFORE THE 3RD RESPONDENT BY THE PETITIONERS COUNSEL.
EXHIBIT P9 THE TRUE COPY OF THE STATEMENT GIVEN BY THE PETITIONER ON 3.9.2019 BEFORE THE 3RD RESPONDENT.
EXHIBIT P10 THE TRUE COPY OF THE RELEVANT PAGES OF THE MALAYALA MANORAMA DAILY DATED 28.11.2019.