Kerala High Court
A.Leela vs Union Of India on 2 December, 2019
Equivalent citations: AIRONLINE 2019 KER 698
Author: S.Manikumar
Bench: S.Manikumar, A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
MONDAY, THE 02ND DAY OF DECEMBER 2019 / 11TH AGRAHAYANA, 1941
W.A.No.2317 OF 2019
AGAINST THE JUDGMENT IN WP(C) 42646/2018 (E) OF HIGH COURT OF KERALA DATED 29.3.2019
APPELLANTS/PETITIONERS:
1 A.LEELA, AGED 63 YEARS, W/O. BALAN, RESIDING AT 'SONIYA BHAVAN',
PAPPINIASSERY, CHUNGAM VILLAGE, KANNUR TALUK, KANNUR DISTRICT - 670 561.
2 K. SINDHU, AGED 42 YEARS, W/O. VELAYUDHAN, RESIDING AT THURUTHY HOUSE,
PAPPINIASSERY, CHUNGAM VILLAGE, KANNUR TALUK, KANNUR DISTRICT - 670 561.
3 A. ANITHA, AGED 56 YEARS, W/O. K. PRAKASHAN, RESIDING AT THURUTHY HOUSE,
PAPPINIASSERI, CHUNGAM VILLAGE, KANNUR TALUK, KANNUR DISTRICT - 670 561.
4 KUNHIRAMAN, AGED 75 YEARS, S/O. POLLORUNDAN, RESIDING AT THURUTHY HOUSE,
PAPPINIASSERI, CHUNGAM VILLAGE, KANNUR TALUK, KANNUR DISTRICT - 670 561.
5 LALITHA A., AGED 65 YEARS, W/O. DASAN, RESIDING AT THURUTHY HOUSE,
PAPPINIASSERI, CHUNGAM VILLAGE, KANNUR TALUK, KANNUR DISTRICT - 670 561.
6 SUJATHA A., AGED 60 YEARS, W/O. MANIVASAKAN, RESIDING AT THURUTHY HOUSE,
PAPPINIASSERI, CHUNGAM VILLAGE, KANNUR TALUK, KANNUR DISTRICT - 670 561.
7 PREETHA A., AGED 48 YEARS, W/O. SUKUMARAN, RESIDING AT THURUTHY HOUSE,
PAPPINIASSERI, CHUNGAM VILLAGE, KANNUR TALUK, KANNUR DISTRICT - 670 561.
8 BALAKRISHNAN A., S/O. K. RAGHAVAN, RESIDING AT THURUTHY HOUSE,
PAPPINIASSERI, CHUNGAM VILLAGE, KANNUR TALUK, KANNUR DISTRICT - 670 561.
9 YASODA K., AGED 69 YEARS, W/O. BHASKARAN, RESIDING AT THURUTHY HOUSE,
PAPPINIASSERI, CHUNGAM VILLAGE, KANNUR TALUK, KANNUR DISTRICT - 670 561.
10 SARADHA K., AGED 58 YEARS, W/O. CHANDRAN K., RESIDING AT THURUTHY HOUSE,
PAPPINIASSERI, CHUNGAM VILLAGE, KANNUR TALUK, KANNUR DISTRICT - 670 561.
11 PANKAJAKSHI K., AGED 70 YEARS, W/O. KUNHAMBU K., RESIDING AT THURUTHY HOUSE,
PAPPINIASSERI, CHUNGAM VILLAGE, KANNUR TALUK, KANNUR DISTRICT - 670 561.
12 PRAJITH K., AGED 33 YEARS, S/O. PREMAN, RESIDING AT THURUTHY HOUSE,
PAPPINIASSERI, CHUNGAM VILLAGE, KANNUR TALUK, KANNUR DISTRICT - 670 561.
13 RAJEEVAN P., AGED 44 YEARS, S/O. NANU P., RESIDING AT THURUTHY HOUSE,
PAPPINIASSERI, CHUNGAM VILLAGE, KANNUR TALUK, KANNUR DISTRICT - 670 561.
14 SUKUMARAN, AGED 82 YEARS, S/O. T. KARUTHAN, RESIDING AT THURUTHY HOUSE,
PAPPINIASSERI, CHUNGAM VILLAGE, KANNUR TALUK, KANNUR DISTRICT - 670 561.
W.A.No.2317 OF 2019
: 2 :
BY ADVS.
SRI.V.S.CHANDRASEKHARAN
SRI.M.V.DAS
SMT.LEKSHMI SWAMINATHAN
SRI.S.JAYAKUMAR
SMT.ANITHA MATHAI MUTHIRENTHY
SMT.K.P.AMRUTHA
RESPONDENTS/RESPONDENTS:
1 UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA,
MINISTRY OF SURFACE TRANSPORT, NEW DELHI - 110 001.
2 NATIONAL HIGH WAY AUTHORITY OF INDIA
MINISTRY OF ROAD TRANSPORT AND HIGH WAYS,
DWARAKA, NEW DELHI - 110 075.
3 NATIONAL HIGHWAY AUTHORITY OF INDIA
OFFICE OF THE PROJECT DIRECTOR, PROJECT IMPLEMENTATION UNIT, 34/743 B,
VAISHNAVAM, BEHIND POPULAR VEHICLE MARUTHY SHOWROOM,
CIVIL STATION P. O., KOZHIKODE - 673 020.
4 NATIONAL HIGHWAY AUTHORITY OF INDIA, MINISTRY OF ROAD TRANSPORT AND HIGH
WAYS, CORPORATE OFFICE, G-5 AND 6, SECTOR 10, DWARAKA, NEW DELHI - 110 075.
5 THE STATE OF KERALA, REPRESENTED BY THE ADDITIONAL SECRETARY,
(PUBLIC WORKS DEPARTMENT), THIRUVANANTHAPURAM - 695 001.
6 THE SPECIAL DEPUTY COLLECTOR, LA (NHAI)
1ST FLOOR, CIVIL STATION, THALIPARAMBU - 670 141, KANNUR DISTRICT.
7 THE DISTRICT COLLECTOR, CIVIL STATION, KANNUR - 670 002.
8 THE SPECIAL THAHASILDAR (LA), NATIONAL HIGH WAY, KANNUR, PIN - 670 006.
9 M/S AECOM, ASIA COMPANY LIMITED, 9TH FLOOR, INFINITY TOWER,
C, DLF CYBER CITY, PHASE II, GURGAON HARYANA, INDIA - 122 002.
R1-2 BY ADV. ASG SRI.P.VIJAYAKUMAR
R2-4 BY ADV. SMT.I.SHEELA DEVI
R5 TO R8 GOVERNMENT PLEADER SRI.TEKCHAND
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02.12.2019, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.A.No.2317 OF 2019
: 3 :
JUDGMENT
C.R. Dated this the 2 day of December, 2019 nd S.Manikumar, C.J.
Instant appeal is filed against the judgment in W.P.(C) No.42646 of 2018 dated 29.03.2019 by which the writ court declined to issue a writ of certiorari to quash Exhibit-P1, notification dated 4.1.2018 published in the daily newspaper Deshabhimani dated 26.01.2018, Exhibit-P3 series, proceedings of the Special Deputy Collector & Competent Authority, LA (NHAI), Kannur at Taliparamba (respondent No.6), Exhibit-P6 notification dated 13.07.2018, and Exhibit-P7 notification dated 21.11.2018 respectively, and further declined to issue a direction to approve Exhibit-
P9, copy of DPR/Google Map-Sketch of the proposed alignment and the alternative proposal alignment and comparison particulars.
2. Facts germane for disposal of this appeal are that, the appellants are natives of Thuruthy, Pappiniasseri Village, Kannur Taluk, Kannur District. Earlier, National Highway Authorities proposed widening of a road through the existing National Highway. Later, the proposed alignment was changed, which passes through the properties of the petitioners. W.A.No.2317 OF 2019 : 4 :
According to them, National Highway No.17 (present No.66) bypass alignment proposed for the stretch extending from Velapuram to Kallulkettichira violates the guidelines for quality systems for road construction. The new alignment proposed is not less cost effective.
Appellants have further contended that no detailed investigation was conducted before the alignment was revised. According to the appellants, factors such as manual for survey, investigation and preparation of road projects etc., were not considered. Appellants have further contended that location of widening of National Highway ought to have resulted in minimum interference to agricultural industry. Location should, as far as possible, facilitate easy grades and curvature. Highway should, as far as possible, be located alongside the edges of properties, rather than through the middle of the properties to avoid the need of frequent crossing of highway by the local people.
3. Appellants have further contended that due to the influence of important persons, re-alignment has been made without public notice, and this has been done for corruption and without following the principles of natural justice. Appellants have also contended that according to the respondents, the said properties are sought to be acquired for building W.A.No.2317 OF 2019 : 5 :
(Widening/four-laning, etc.), maintenance, management and operation of National Highway No.17, in the stretch of land from kms 104.000 to kms 148.000 (Cheruvathur - Kannur Section) in Kannur District. Proceedings were initiated on the basis of a notification dated 4-1-2018 issued under Section 3A of the National Highways Act, 1956 (48 of 1956). The same was published in Deshabhimani daily newspaper dated 26-01-2018. As per the above notification, persons interested in the said lands mentioned thereupon were called to file objection before the competent Authority, viz.
"Special Deputy Collector (LA) NHAI, Kannur" within 21 days from the date of Publication of the notification in the official Gazette under section 3C of the Act. Accordingly, the appellants filed their objections in time before the competent Authority on 31-01-2018. Thereafter, the 6 th respondent (the Special Deputy Tahsildar, L.A.(NHAI), Kannur district) passed an order on 23-5-2018 which was received by the petitioners on 20-06-18 by post.
4. Appellants have further contended that Exhibit-P1 dated 4.1.2018 was followed by Exhibit-P6 notification dated 13-7-2018 issued under Section 3D of the Act. Thereafter, the respondents issued Exhibit-P7 notification under Section 3G on 21-11-2018 which has been published in Deshabhimani daily on 27-11-2018. All these proceedings were issued by W.A.No.2317 OF 2019 : 6 :
the respondents, pending an interim order of this Hon'ble Court. According to the appellants, it is evident from Exhibits-P1 and P6 notifications that the same were issued for building (Widening/four-laning, etc.), maintenance, management and operation of National Highway No.17, in the stretch of land from kms 104.000 to kms 148.000 (Cheruvathur -
Kannur Section) in Kannur District and not for a new bypass. But Exhibit-
P7 notification was issued for a new bypass.
5. According to the writ petitioners, Exhibits P1, P3, P6 and P7 have been issued without resorting to the principles of natural justice and without proper application of mind. Contention has been made that the respondents have not at all considered or sought any assessment reports or the like, from various departments concerned. No Environmental Impact Assessment report was also prepared, which is mandatory as per rules and regulations.
6. Appellants have contended that the alignment with respect to the notifications in Exhibits- P1, P6 and P7 have been changed for more than 4 times, ie. on 2009, 2011, 2013 and 2016, under mysterious circumstances.
The appellants are in fact totally unaware as to whether the bye pass would pass through the locality itself. This is because of the fact that the W.A.No.2317 OF 2019 : 7 :
alignment was preferred by two consultancies during the above mentioned periods viz. M/s. FEEDBACK VENTURES and M/s. AECOM. Now, the National Highways Authority has approved one of the alignments ie. of M/s. AECOM and accordingly, issued Exhibits P1, P6 and P7 notifications.
The residents of locality and the action committee had submitted various representations before the authorities. But, none of the above said representations were considered till date. Various newspapers in various dates have repeatedly reported the foul play played by the National Highways Authority in changing the alignment.
7. Before the writ court, counter affidavit has been filed on behalf of the National Highways Authority of India, Ministry of Road Transport and Highways, Corporate Office, respondent No.4. Relevant portion of which is extracted hereunder:
"2. The National Highway No.17 (New NH 66) is the highway connecting Panvel, Karvar, Mangalore, Cannanore, Calicut (Kozhikode), Kuttipuram, Chowghat and Edapally and is declared as a National Highway under section 2 of the National Highways Act 1956 (NH Act 1956) and is specified in the Schedule of NH Act 1956. All National Highways vest in the Central Government under section 4 of the NH Act 1956. The Central Government is responsible for the development and maintenance of all National Highways, but it can by notification entrust all or some of its W.A.No.2317 OF 2019 : 8 :
responsibilities to the Government of the State within which the national highway is situated or to any officer or authority subordinate to the Central Government.
3. The NHAI is only an implementing authority to develop and maintain the highways entrusted to it by the Central Government under Sec.11 of the National Highways Act 1988 (NHAI Act 1988). The NHAI is not having power or jurisdiction to acquire the land that is needed for the development of the National Highways entrusted to it. The Land required for the development of the national highways are acquired by the Central Government and handed over to the NHAI. The Central Government acquires the land needed for the development of the national highways mainly under the provisions of the National Highways Act 1956 (NH Act 1956). Thus the Central Government appointed the Special Deputy Collector (L.A.) NH, Thaliparamba, Kannur, as the Competent Authority for Land Acquisition (CALA) under Sec.3(a) of the NH Act 1956 by notification published in the Gazette of India, for acquiring land for the development of NH17 (New NH66) in Kannur District.
The CALA is the authority that determines and pays the compensation to the persons from whom the land is acquired.
4. The present project of four lane in the NH17 (new NH66) starting from Thaliparamba Km.137.900 to Muzhiphilangad Km.170.600 is proposed to be taken up under the National Highways Development Project Phase III. A DPR was prepared and submitted by the DPR Consultant in the year 2009, but the same lapsed for the reason that the legal W.A.No.2317 OF 2019 : 9 :
procedure according to law was not completed by the Competent Authority within the prescribed time due to various reasons. At that juncture the Central Government withdrew the NHAI from the project and appointed the Government of Kerala for the maintenance of the then NH17. It is not correct to state that no acquisition was required if the proposal to widen the existing NH17 (new NH66) was proceeded. For the development of the existing highway into a four lane it required 45 meter wide land at every point. The existing highway has only two lane and approximately 25 meters wide land. Therefore additional land required is to be acquired. Afterwards the project of developing the NH17 (new NH 66) was revived by the Central Government and a new DPR Consultant was engaged by the NHAI in the year 2016, namely M/s.AECOM ASIA, for submitting a new Detailed Project Report (DPR). The new DPR Consultant submitted a new DPR in the year 2017 and it was approved by the Competent Authority of NHAI after various discussions by its Technical experts and that of the DPR Consultant. The new DPR and the alignment was approved by considering improved geometrics and acquisition of the additional land needed for a width of 45 meters as per the Indian Road Congress (IRC) standards to attain 80/100 KMPH to the travelling vehicles without any hindrance, as much as possible. It is submitted that the alignment for the development of the NH has been fixed as per the technical wisdom of the Highway Experts of the NHAI and approved by the Government of Kerala by letter No.PWD-D3/381/2017-PWD W.A.No.2317 OF 2019 : 10 :
DATED 19-08-2017. The land and structures, including that of religious bodies that are acquired will be compensated as per the RFCTLARR Act 2013.
5. As stated above, in the year 2016 a new Consultant was appointed for the preparation of a fresh DPR. It had studied the development of the existing highway and two other alternative routes. The three routes were compared and the second alternative was found to be the most suitable and the same was approved for the By-pass. The comparative study chart of Mangad - Vallapatanam Realignment submitted by the Consultant along with its report is produced herewith and may be marked as Exhibit R4(a). All three options including the existing highway was studied and the most feasible option was approved. A reading of Ext.R4(a) will prove that the approved alignment is the most cost efficient and Technically feasible. It requires only less land acquisition, as part of the existing highway is being used. The VIP referred in Ext.P6 are the representation received from the local Member of Parliament and the local MLA. If any petition or representations are received by the NHAI from MP and MLA, those are referred as VIP reference in its communications by the NHAI and it is made clear that such reference is not from influential private person.
6. The Central Government has commenced the land acquisition process by the publication of Ext.P1 notification. According to Ext.P1 from Sy.No.225/11 an extend of 00283H of land and from Sy.No.225/12 an extend of 01174H of land are required for the development of the NH17. After the publication W.A.No.2317 OF 2019 : 11 :
of the Ext.P1 it is understood that the Competent Authority (CALA) appointed by the Central Government have heard all the objections that were filed against the acquisition and that orders are being passed. The petitioner and such others who have filed the objections can apply and get the copy of the Order from the CALA. After the publication of Ext.P1 the land included in Ext.P1 were all surveyed and it was understood that from Sy.No.225/11 an extend of 00283H of land and from Sy.No.225/12 an extend of 00854H of land alone are required for the development of the NH 17. It is now understood from the Village Office that Sy.No.225/11 is owned by the petitioner and one Preetha and that Sy.No.225/12 is owned by the petitioner, Lalitha, Rathi and others. Therefore the averment by the petitioner that he alone owns the land is not true or correct. It is not true to submit that the Puthiyil Bhagavathi Temple is being acquired. The main Temple is not affected by the acquisition, but some land and the Nagathara will be affected completely. The Temple and its other properties will not be affected. The Ext.P4 alternate route is prepared by just putting dotted lines in the approved alignment plan and is not prepared by Experts in the field showing the details. Again if the Ext.P4 is to be studied it requires more than six months time, huge money and opposition from a fresh group of project affected people. It is not known as to whom all are affected by the proposal of the Action Committee and those persons are not made party in this writ petition. It will only delay the project causing escalation of the project cost whereby public money is being wasted. The grounds raised in the above writ W.A.No.2317 OF 2019 : 12 :
petition are all unsustainable and not sufficient to grant the reliefs prayed for.
8. Adverting to the above contentions and taking note of the provisions, writ court vide judgment dated 29.03.2019 dismissed the writ petition. Being aggrieved, instant writ appeal is filed on the grounds, inter alia, that:
A. The learned Single judge went wrong in holding that there is no challenge to Ext.P3 order dated 23.5.2018. Infact the pleadings in the writ petition and the first prayer in the writ petition are challenging the said order. Writ petition was disposed of through a common judgment and the order itself shows that the pleadings of these appellants were not given proper consideration.
B. Writ court went wrong in stating that the petitioners did not file valid objections against Ext.P1 notification as the plea for an alternate alignment was made in Ext.P2 series objections.
E. The present alignment is against the rules prescribed in IRC-SP- 19-2001, Manual for Survey, investigation and preparation of Road Projects.
F. The alternate alignment approved by 9 th respondent AECOM is in tune with the above said rules and regulations. If the said approved alignment is preferred, the length and the number of curves of the high way can be reduced. It will not affect any residential areas or religious worship areas.
G. There were alignments made in 2010, 2013 and 2016 and the areas for acquisition were already demarcated by the respondents. W.A.No.2317 OF 2019 : 13 :
It is after this demarcation, the said alignment was changed to the present one due to the influence of the land mafia and politics. The same is discernible form Ext.P12 letter from the NHAI.
H. The initial three alignments fixed earlier did not include the areas of the petitioner. The first alignment was recommended to develop the existing national highway.
I. The present alignment would take away 400 years old shrine, mangroves and residential areas while the earlier alignment would not result in loss of such areas of importance historically and socially. The petitioner's village was funded by the State Government to make it a model village by spending crores of rupees. If the present alignment is proceeded with, it will result in a great loss to the exchequer.
J. Ext.P3 order is a stereo typed order rejecting all the objections without assigning any reasons. There is no mention about any study or consideration for alternate alignment is seen in Ext.P3 order and therefore, cannot be considered as a reasoned order. The said order is liable to be quashed on that ground itself.
K. Acquisition as per Ext.P1, P6 and P7 notifications would result in wiping away a whole community of persons belonging to backward classes and it would affect their livelihood and future."
9. On the above grounds, Adv.P.S.Chandrasekharan, learned counsel for the appellants, made submissions. In the counter affidavit, the respondents have explained the steps taken by NHAI, that consultants have been engaged, their reports studied, the alignment has been fixed as W.A.No.2317 OF 2019 : 14 :
per the technical wisdom of the Highways experts of NHAI and approved.
It is further stated that the land owners and religious bodies would be compensated as per the Land Acquisition Act, 2013. Counter affidavits submitted shows NHAI had a comparative study of the three routes and approved the most feasible option and cost efficient.
10. Heard learned counsel for the appellants and perused the material available on record.
11. Before adverting to the above grounds of appeal, we deem it fit to have a cursory look on the statutory provisions of the National Highways Act, 1956, which read thus:
"3A. Power to acquire land, etc.--(1) Where the Central Government is satisfied that for a public purpose any land is required for the building, maintenance, management or operation of a national highway or part thereof, it may, by notification in the Official Gazette, declare its intention to acquire such land.
(2) Every notification under sub-section (1) shall give a brief description of the land.
(3) The competent authority shall cause the substance of the notification to be published in two local newspapers, one of which will be in a vernacular language.
W.A.No.2317 OF 2019 : 15 :
3B. Power to enter for survey, etc.--On the issue of a notification under sub-section (1) of section 3A, it shall be lawful for any person, authorised by the Central Government in this behalf, to
--
(a) make any inspection, survey, measurement, valuation or enquiry;
(b) take levels;
(c) dig or bore into sub-soil;
(d) set out boundaries and intended lines of work;
(e) mark such levels, boundaries and lines placing marks and cutting trenches; or
(f) do such other acts or things as may be laid down by rules made in this behalf by that Government.
3C. Hearing of objections.--(1) Any person interested in the land may, within twenty-one days from the date of publication of the notification under sub-section (1) of section 3A, object to the use of the land for the purpose or purposes mentioned in that sub- section.
(2) Every objection under sub-section (1) shall be made to the competent authority in writing and shall set out the grounds thereof and the competent authority shall give the objector an opportunity of being heard, either in person or by a legal practitioner, and may, after hearing all such objections and after making such further enquiry, it any, as the competent authority thinks necessary, by order, either allow or disallow the objections.
Explanation.--For the purposes of this sub-section, "legal practitioner" has the same meaning as in clause (i) of sub-section W.A.No.2317 OF 2019 : 16 :
(1) of section 2 of the Advocates Act, 1961 (25 of 1.961).
(3) Any order made by the competent authority under sub-
section (2) shall be final.
3D. Declaration of acquisition.--(1) Where no objection under sub-section (1) of section 3C has been made to the competent authority within the period specified therein or where the competent authority has disallowed the objection under subsection (2) of that section, the competent authority shall, as soon as may be, submit a report accordingly to the Central Government and on receipt of such report, the Central Government shall declare, by notification in the Official Gazette, that the land should be acquired for the purpose or purposes mentioned in sub-section (1) of section 3A.
(2) On the publication of the declaration under sub-section (1), the land shall vest absolutely in the Central Government free from all encumbrances.
(3) Where in respect of any land, a notification has been published under sub-section (1) of section 3A for its acquisition but no declaration under sub-section (1) has been published within a period of one year from the date of publication of that notification, the said notification shall cease to have any effect:
Provided that in computing the said period of one year, the period or periods during which any action or proceedings to be taken in pursuance of the notification issued under sub-section (1) of section 3A is stayed by an order of a court shall be excluded. W.A.No.2317 OF 2019 : 17 :
(4) A declaration made by the Central Government under sub-
section (1) shall not be called in question in any court or by any other authority.
3E. Power to take possession.--(1) Where any land has vested in the Central Government under sub-section (2) of section 3D, and the amount determined by the competent authority under section 3G with respect to such land has been deposited under sub-section (1) of section 3H, with the competent authority by the Central Government, the competent authority may by notice in writing direct the owner as well as any other person who may be in possession of such land to surrender or deliver possession thereof to the competent authority or any person duly authorised by it in this behalf within sixty days of the service of the notice.
(2) If any person refuses or fails to comply with any direction made under sub-section (1), the competent authority shall apply--
(a) in the case of any land situated in any area falling within the metropolitan area, to the Commissioner of Police;
(b) in case of any land situated in any area other than the area referred to in clause (a), to the Collector of a District, and such Commissioner or Collector, as the case may be, shall enforce the surrender of the land, to the competent authority or to the person duly authorised by it.
3F. Right to enter into the land where land has vested in the Central Government.--Where the land has vested in the Central Government under section 3D, it shall be lawful for any person authorised by the Central Government in this behalf, to W.A.No.2317 OF 2019 : 18 :
enter and do other act necessary upon the land for carrying out the building, maintenance, management or operation of a national highway or a part thereof, or any other work connected therewith.
3G. Determination of amount payable as compensation.--
(1) Where any land is acquired under this Act, there shall be paid an amount which shall be determined by an order of the competent authority.
(2) Where the right of user or any right in the nature of an easement on, any land is acquired under this Act, there shall be paid an amount to the owner and any other person whose right of enjoyment in that land has been affected in any manner whatsoever by reason of such acquisition an amount calculated at ten per cent, of the amount determined under sub-section (1), for that land.
(3) Before proceeding to determine the amount under sub-
section (1) or sub-section (2), the competent authority shall give a public notice published in two local newspapers, one of which will be in a vernacular language inviting claims from all persons interested in the land to be acquired.
(4) Such notice shall state the particulars of the land and shall require all persons interested in such land to appear in person or by an agent or by a legal practitioner referred to in sub-section (2) of section 3C, before the competent authority, at a time and place and to state the nature of their respective interest in such land. W.A.No.2317 OF 2019 : 19 :
(5) If the amount determined by the competent authority under sub-section (1) or sub-section (2) is not acceptable to either of the parties, the amount shall, on an application by either of the parties, be determined by the arbitrator to be appointed by the Central Government--
(6) Subject to the provisions of this Act, the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply to every arbitration under this Act.
(7) The competent authority or the arbitrator while determining the amount under sub-section (1) or sub-section (5), as the case may be, shall take into consideration--
(a) the market value of the land on the date of publication of the notification under section 3A;
(b) the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the severing of such land from other land;
(c) the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the acquisition injuriously affecting his other immovable property in any manner, or his earnings;
(d) if, in consequences of the acquisition of the land, the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change."
12. Let us consider the notifications issued by the Competent Authority under Sections 3A(1) to 3G(3) of the National Highways Act, W.A.No.2317 OF 2019 : 20 :
1956. A perusal of the notifications makes it clear that the purpose of issuing the notifications is to acquire land specified therein for building (widening/four-laning, etc.), maintenance, management and operation of National Highway No.17, on the stretch of land from kms 148.000 to kms 171.200. Though, learned counsel for the appellants contended that instead of widening/four-laning, maintenance, management and operation of National Highway, land is now sought to be used for a new bypass road and, therefore, the very purpose of the notifications sought to be varied.
13. On the above said submissions, this Court deems it fit to extract the notifications issued by the Competent Authority of NHAI and the orders passed rejecting the objections:
"NATIONAL HIGHWAYS AUTHORITY OF INDIA (MINISTRY OF ROAD TRANSPORT AND HIGHWAYS) Regional Office, Kerala NOTICE UNDER SUB SECTION (1) OF SECTION 3A OF THE NATIONAL HIGHWAYS ACT 1956 Issued by the Spl. Tahsildar, NH-II, Kannur & Competent Authority NEW DELHI, Dated 8th November, 2017 S.O.3552 (E) - In exercise of powers conferred by the Sub Section (1) of Section 3A of the National Highways Act, 1956 (48 of 56) (hereinafter referred to as the said Act), the Central Government after being satisfied that for the public purpose, the land the brief description of which is given in the Schedule below, is required for building (widening/four-laning), maintenance, W.A.No.2317 OF 2019 : 21 :
management and operation of National Highway No.17 on the stretch of land from Km.148/000 to Km.171/200 (Kannur-Vengalam Section) in the District of Kannur, in the State of Kerala, hereby declares its intention to acquire such land.
Any person interested in the said lands may, within twenty one days from the date of publication of this notification in the Official Gazette, object to the use of such land for the aforesaid purpose under Sub Section (1) of Section 3C, of the said Act.
Every such objection shall be made to the Competent Authority, namely "Special Tahsildar (LA), NH-II, Kannur", in writing, and shall set out the grounds thereof and the competent authority shall give the objector an opportunity of being heard, either in person or through a Legal Practitioner and may after hearing all such objections and after making such further enquiry, if any, as the Competent Authority thinks necessary, by order, either allow or disallow-the objections. Any order made by the Competent Authority under sub-section (2) of Section 3C of the said Act shall be final.
The land plans and other details of the land covered under the notification are available and can be Inspected by the interested persons at the aforesaid Office of the Competent Authority.
SCHEDULE: Brief description of the lands to be acquired with or without the structure falling within the stretch of land from km.148/000 to km.171/200 (Kannur-Vengalam Section) of the National Highway No.17 in the State of Kerala. (relevant portion) Taluk: Kannur Village:- Chirakkal Desom; Puzhathi Survey No. Type of Land Nature of Area(in Hectare) Land 4/2 Private Wet .7823 37/7A Private Garden .3165 45/2 Private Garden .1214 46/2 Private OD .1070 46/9 Private Garden .2299 Special Tahsildar (LA), NH-II, and Competent Authority, Kannur."
*** W.A.No.2317 OF 2019 : 22 :
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NOTIFICATION New Delhi, the 25th July, 2018 S.O. 3643(E).- Whereas by the notification of the Govt. of India in the Ministry of Road Transport and Highways No.S.O.3552(E), dated the 8 th November, 2017, published in the Gazette of India, Extra ordinary Part II, Section 3, Sub- section (ii) and issued under sub-section (1) of section 3A of the National Highways Act, 1956 (48 of 1956) hereinafter referred to as the said Act), the Central Government declared its intention to acquire the land specified in the schedule annexed to the said notification for building (widening/ four-laning, etc.), maintenance, management and operation of National Highway No.17 on the stretch of land from Km 148.000 to Km 171.200 (Kannur Section) in Kannur district in the State of Kerala;
And whereas, the substance of the said notification has been published in "Mathrubhoomi" daily dated 22.11.2017 and "MalayalaManorama" daily dated 22.11.2017, under sub-section(3) of section 3(A) of the said Act;
And whereas, objections have been received and the same have been considered and disallowed by the competent authority;
And whereas, in pursuance of sub-section (I) of section 3D of the said act, the competent authority has submitted its report to the Central Government;
Now, therefore, upon receipt of the said report of the competent authority and in exercise of the powers conferred by sub- section (1) of section 3D of the said Act, the Central Government hereby declares that the land specified in the said Schedule should be acquired for the aforesaid purpose;
And further, in pursuance of sub-section (2) of section 3D of the said act, the Central Government; hereby declares that on publication of this notification in the Official Gazette, the land specified in the said Schedule shall vest absolutely in the Central Government, free from all encumbrances.
SCHEDULE (the relevant portion)
Sr. Survey Type of Land Nature of Area in Hectre Name of the Land
NO. Number Land Owner/Interested
person Part survey
No.
1 2 3 4 5 6
Taluk: Kannur
W.A.No.2317 OF 2019
: 23 :
Xxx Xxx xxx Xxx Xxx
Village:Chirakkal
2 Xxx Xxx xxx Xxx xxx
3 4/2 Private(Private) Wet 0.6992 T P Sajira, t P
Jameela, Puzhathi
Dewaswom
Ooralan Raman
Kaimal and others,
Lhs of Koyili Paru
(Late), Chathu and
others; Lhs of
Aramban Pavithran
(Late), Lakshmi
Kallen and others,
Sulaikha, Beepathu
Pallikakath and
others 4/11
Xxx Xxx xxx Xxx xxx Xxx
8 37/7A Private(Private) Garden 0.3147 P Ammad,
Khadeeja Moidu,
Sumathi P K,
Abdulla Kunhi and
others 37/10.
Xxx Xxx Xxx Xxx Xxx
16 45/2 Private(Private) Garden 0.1214 Chirakkal
Kovilakam Valiya
Raja and others
45/9
17 46/2 Private (Private) OD 0.107 Chirakkal
Kovilakam Valiya
Raja and others
46/10
Xx Xxx Xxx Xxx Xxx Xxx
21 46/9 Private(Private) Garden 0.1972 Manjeerikandi
Kandambeth
Panchali and
others 46/15
****
Notice Under Section 3 G (3) of the National Highway Act 1956 issued by the Special Thahsildar, LA(NH), Unit No.2 Kannur and Competent Authority for National highway-17.
Ref No.C-A/6/2012 Dated 06-04-2013
W.A.No.2317 OF 2019
: 24 :
By Notification of the Government of India, published in the gazette S.O.2752 dated 08- 12-2011 and Advertised in the Mathrubhumi, Malayala Manorama daily news paper dated 02-01-2012 issued under section 3A Sub Section 1 of the National Highway Act 1956 (48 of 1956) (hereinafter referred to as the said Act) and under section 3D(1) of above Act, the land description of which is given in the schedule below, for the public purpose is required for land (widening) the National Highway-17 (including bypass) on the stretch of land from km 148.000 to 171:200 km (Kannur section) in Kannur district in the state of Kerala, acquired such land by Central Government as per gazette pubilicationNo.S.O.2854 (E), and S.O 28 56 (E) date 7-12-2012 and the land and dated 06-04-2013 other structures acquired fully vested and owned by Central Government under 3D Sub Section 2 of the National Highway Act.
For grinding the compensation for the acquired land, interested persons of the description of which is given in the schedule belaw 2 survey Nos., produce their entire document proving their title before the special Thasildar, LA (NH), unit No.2, Kannur and Competent Authority in person or an authorized person at the date and time mentioned below. The following documents should be produced at that time(hearing).
Documents to be produced
1. Original Deed of the Property. 2. Kraya certificate of Land Tribunal if no title in the property. 3. Prior deed, 4. land tax receipt of the financial year, 5.
Possession certificate (Village Office), 6. No liability certificate of the land from village/ Thahsildar, 7. Encumbrance Certificate of 15 years (Sub Registry office), 8. Building Tax receipts and ownership certificate (Municipality), 9. Death certificate and legal heir certificate if person died (Taluk Thasildar), 10 Power of Attorney- if anybody appears on behalf of the owner., 11. Any other documents in connection with the property. 12. Indemnity Card/ Election ID card.
*** Notice Under Section 3 G (3) of the National Highway Act 1956 issued by the Special Thahsildar, LA(NH), Unit No.2 Kannur and Competent Authority.
Ref No.A3 435/2011 Dated 09-08-2018 By Notification of the Government of India in the Ministry of Road Transport and Highways Published in S.O 3552 (E) dated 8-11-2017 issued Under Section 3 A Sub Section 1 of the National Highway Act 1956 (48 &1956) (hereinafter referred to as the Said Act), the central government declared its intention to acquire the land specified in the schedule below for the public W.A.No.2317 OF 2019 : 25 :
purpose require for building (Widening/four laning), maintenance , management and operation National Highway No.17 if need bypass on the stretch of land from km 148.000 to 171.200 km. This Notification is published in Mathrubhumi, Malayala manorama daily newspaper dated 22-11-2017.
In the above matter no objection was received by the Competent officer from any person in the meantime. Therefore report was submitted by the competent authority to the Central Government Under Section 3D Sub Section (1). Hence, as per the report of Competent Authority and powers under section 3D Sub Section (1) the Central Government declared the land description of which is given inthe schedule mentioned in S.O.3643 (E) dated 25-7-2018 are to the acquired for the above purposes.
Further the Central Government declaring that the land description of which is given in the schedule will come under the possession of Central Government on publishing it in the official gazette under section 3D Sub Section (2 The land described in the schedule will come under the control of the Central Government on publication of it in this official gazette notification. All persons connected with the above mentioned land property produce the documents before the Special Thahsildar LA unit No.2 Collectorate Kannur and Competent Authority in person for an authorized person at the date and time mentioned below. The following documents should be produced.
1. Original Deed of the Property. 2. Kraya certificate of Land Tribunal if no title in the property. 3. Prior deed, 4. Present land tax receipt, 5. Possession and enjoyment certificate of Village Office., 6.No liability certificate of the land from village/Thahsildar, 7. Encumbrance Certificate,8. Building Tax receipts and ownership certificate, 9. Death certificate and legal heir certificate,
10.Power of Attorney- if anybody appears on behalf of the owner., 11. Any other documents showing the ownership, 12. Indemnity Card, 13. Pan card."
*** MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NEW DELHI, Dated the 14th July 2016 Published in the gazette of India, Extra Ordinary Part II, Selection 3(ii) on 14.07.2016 NOTIFICATION S.O.2414(E) In exercise of powers conferred by sub-section(1) of Section 3A of the National Highways Act, 1956 (48 of 1956) (hereinafter referred to as the said Act) the Central Government, after being satisfied that for the public purpose, the land, the brief description of which is given in the schedule below, is required for building (widening/four-laning, etc.) maintenance, management and operation of National Highway-17, in the stretch of land from km. 148.0000 to km.171.200 (Kannur-Vengalam Section) in Kannur W.A.No.2317 OF 2019 : 26 :
District in the State of Kerala, hereby declares its intention to acquire such land.
Any person interested in the said land may, within twenty-one days from the date of publication of this notification in the official gazette, object to the use of such land for the aforesaid purpose under sub-section (1) of Section 3C of the said Act.
Every such objection shall be made to the competent authority, namely the Special Tahsildar, LA(NH II), Kannur in writing and shall set out the grounds thereof and the competent authority shall given the objector an opportunity of being heard, either in person or by a legal practitioner and may, after hearing all such objections and after making such further enquiry, if any, as the competent authority thinks necessary, by order, either allow or disallow the objections.
Any order made by the competent authority under sub-section (2) of Section 3C of the said Act shall be final The land plans and other details of the land covered under this notification are available and can be inspected by the interested person at the aforesaid office of the competent authority."
*** "PROCEEDINGS OF SPECIAL DEPUTY COLLECTOR & COMPETENT AUTHORITY, LAND ACQUISITION (NH), KANNUR (PRESENT: MAVILA NALINI) Date: 23-05-18 No.A.152/18 (30) Sub: National Highway 17- Kannur Taluk - Land acquisition for the four line, Pappnissery amsom - Objections submitted under Section 3C(1) of the N.H.Act, 1956 - final decision taken - order issued.
Read: 1. 3A notification No.S.O.50(E) published in India Gazette dated 4-1-2018.
2 Obiections filed against 3 A notification published on 4-1-2018
3.Letter No.11018/NHAI/PIU/Kozhikode/LA/2018/529 of the Project Director, National Highway Authority of India, Kozhikode dated 11-5-18.
Objections have been submitted by the persons mentioned below against the publication of notification under Section 3(A) of the N.H.Act, 1956 for acquisition of land in Aroli Desom in Pappinissery amsom in Kannur Taluk videy reference (1) for the four lining of National Highway 17. _________________________________________________________________ Name and address Survey No. _________________________________________________________________ W.A.No.2317 OF 2019 : 27 :
Puthiyapurayil Govindan, Santhiniketh, Near R.C.Church, Pappinissery 161/3 _________________________________________________________________ In the objection it is requested that in the notification it is seen that there is proposal to acquire 1275 sq. meter of the objector in the above resurvey number; he has 11 ½ cents of land therein; there is a house where he is residing, well and more over there is a commercial building of which there are five shop rooms and a staircase room in the ground floor; small and big yielding coconut trees, in the earlier notification it was shown only 75 sq. meters for the proposed acquisition, present change is very doubtful, he has no other land or house ; the action committee has submitted a scheme before the Government for an alignment which is below than the expenditure for the present alignment and lower in number of the houses and shops; it was denied consequent on the objection caused in acquiring the agricultural land; it understand that at present there is obstruction for acquiring the agricultural land; and reconsider and change the present alignment for the bypass published now. Moreover, if it is decided that the present alignment is proper, the compensation as per reference ordered by the High Court of Kerala and compensation without considering the oldness of the building may be given and also requested for granting rehabilitation.
The Project Director, National Highway Authority of India, Kozhikode, the acquisition authority, to the objection has informed that in the letter received by him as per reference (3) it has been stated that the National Highway Authority of India decided to develop NH17 from Karnataka Border of Kerala till Kuttippuram(NH66) for the safe and effective traffic and that if the Central Government is satisfied that the land is necessary for the public purpose, Section 3A of the National Highway Act, 1956 empower them to acquire the above said land and that the alignment for the development of the National Highway has been fixed by the National Highway experts who are having technical expertise and considering particularly in Kerala latest type Geometrics of 45 meters width and that as per the IRC standard of MoRTH the alignment has been approved in a manner enabling 80/100 kilometers speed and that persons losing the land, houses, buildings including the buildings occupied and other improvements are entitled for compensation and rehabilitation as per RFCTLARR Act, 2013 and 2015.
Notice has been given to the objector under Section 3C(2) of the National Highways Act, 1956 and hearing was conducted on 24.4.2018. In the hearing the objector was present and repeated the facts stated in the objection and given a detailed statement in writing.
Since the land included in reference (1) notification is essential for the development of NH17 as four line and that on the basis of Project Director, W.A.No.2317 OF 2019 : 28 :
National Highway Authority of India, Kozhikode, the acquisition authority, has informed that if the Central Government is satisfied that the land is necessary for them the public purpose, Section 3A of the National Highway Act, 1956 empower to acquire the above said land the objection submitted by the objector vide reference (2) has been rejected under Section 3C(2) of the National Highways Act, 1956 and order issued accordingly.
Sd/-
Special Deputy Collector L.A.(NHAI) Kannur at Taliparambu & Competent Authority.
To Puthiyapurayil Govindan, Santhiniketh, Near R.C.Church, Pappinissery.
Copy to:
1. District Collector, Kannur (along with covering letter)
2. Project Director, National Highway Authority of India, Kozhikode. (along with covering letter)."
*** PROCEEDINGS OF SPECIAL DEPUTY COLLECTOR & COMPETENT AUTHORITY, LAND ACQUISITION (NH), KANNUR.
(PRESENT: MAVILA NALINI)
No.A.152/18 (31) Date: 23-05-2018
Sub: National High way 17- Kannur Taluk-Land acquisition for the four lines, Pappinissery Amsom-Objections submitted under Section 3C(1) of the N.H. Act. 1956-final decision taken-order issued.
Read:1. 3A Notification No.S.O.50(E) published in India Gazette dated 4-1-2018
2. Objections filed against 3A notification published on 04-01-2018
3. Letter No.11018/NHAI/PIU/Kozhikode/LA/2018/529 of the Project Director, National Highway Authority of India, Kozhikode dated 11-5-2018.
Objections have been submitted by the persons mentioned below against the publication of notification under Section 3(A) of the N.H.Act, 1956 for acquisition of land in Aroli Desom in Pappininssery Amsom in Kannur Taluk videy reference (1) for the four lining of National Highway 17. _________________________________________________________________ Name and address Survey No. _________________________________________________________________ Kavile Valappil Patteri Balan, Patteri House, W.A.No.2317 OF 2019 : 29 :
Near Panchayath, Pappinissery P.O., 161/5, 161/4, 161/6 _________________________________________________________________ In the objection it is requested that in the above resurvey number; the objector have land therein; inclusive of a house No.XIl/321 where he is residing, well, and bathroom, and informed that, if the road straighten the house will not be demolished.
The Project Director, National Highway Authority of India, Kozhikode, the acquisition authority, to the objection has informed that in the letter received by him as per reference (3) it has been stated that the National Highway Authority of India decided to develop NH17 from Karnataka Border of kerala till Kuttipuram (NH66) for the safe and effective traffic and that if the Central Government is satisfied that the land is necessary for the public purpose, Section 3A of the National Highway Act, 1956 empower them to acquire the above said land and that the alignment for the development of the National Highway has been fixed by the National Highway experts who are having technical expertise and considering particularly in Kerala latest type Geometrics of 45 meters width and that as per the IRC standard of MORTH the alignment has been approved in a manner enabling 80/100 kilometers speed and that persons losing the land, houses, buildings including the buildings occupied and other improvement are entitled for compensation and rehabilitation as per RFCTLARR Act, 2013 and 2015.
Notice has been given to the objector under section 3C (2) of the National Highway Act, 1956 and hearing was conducted on 24-4-2018. In the hearing the objector's brother Karunakaran was present on behalf of the and repeated the facts stated in the objection and stated that nothing more was added and requested for a favourable decision.
Since the land included in reference (1) notification is essential for the development of NH 17 as four line and that on the basis of project Director, National Highway Authority of India, Kozhikode, the acquisition authority, has informed that if the Central Government is satisfied that the land necessary for the public purpose, Section 3A of the National Highway Act,1956 empower them to acquire the above said land the objection submitted by the objector vide reference (2) has been rejected under Section 3C (2) of the National Highways Act, 1956 and order issued accordingly.
Special Deputy Collector, L.A (NHAI) Kannur at Taliparambu & Competent Authority.
W.A.No.2317 OF 2019 : 30 :
To Kavile Valappil Patteri Balan, Patteri House, Near Panchayath, Pappinissery P.O., Copy to:
1. District Collector, Kannur (along with covering letter)
2. Project Director, National Highway Authority of India, Kozhikode.
(along with covering letter)"
***
14. In exercise of the powers conferred by Section 9 of the National Highways Act, 1956, the National Highways Fee (Determination of Rates and Collection) Rules, 2008 have been framed. As per Section 2(c) of the above said Rules, the word 'Bypass" means a section of National highway bypassing a town or city. As per Section 2(e) of the Control of National Highways (Land and Traffic) Act, 2002, the word "Highway" means a National Highway declared as such under Section 2 of the National Highways Act, 1956 (48 of 1956) and includes any Expressway or Express Highway vested in the Central Government, whether surfaced or unsurfaced, and also includes.-
(i) all lands appurtenant to the Highway, whether demarcated or not, acquired for the purpose of the Highway or transferred for such purpose by the State Government to the Central Government;
(ii) all bridges, culverts, tunnels, causeways, carriageways and other structures constructed on or across such Highway; and W.A.No.2317 OF 2019 : 31 :
(iii) all trees, railings, fences, posts, paths, signs, signals, kilometre stone and other Highway accessories and materials on such Highways;"
15. A reading of the above notifications makes it clear that the intention of the Government to acquire land is for building (widening/four-
laning, etc.), maintenance, management and operation of National Highway No.17, on the stretch of land from kms 104.000 to kms 148.000 (Cheruvathur - Kannur Section), Kannur District, in the State of Kerala.
National Highway-17 is uniformly mentioned in all notifications. As per Section 2 of the National Highways Act, 1956, each of the highways specified in the Schedule in the Act is declared to be a National Highway.
Section 2 of the National Highways Act is extracted hereunder:
"2. Declaration of certain highways to be national highways.--(1) Each of the highways specified in the Schedule 2 is hereby declared to be a national highway.
(2) The Central Government may, by notification in the Official Gazette, declare any other highway to be a national highway and on the publication of such notification such highway shall be deemed to be specified in the Schedule.
(3) The Central Government may, by like notification, omit any highway from the Schedule and on the publication of such notification, the highway so omitted shall cease to be a national highway."
W.A.No.2317 OF 2019 : 32 :
16. As per Schedule, National Highway-17 (Panvel-Goa-Kochi) starts connecting Panvel on National Highway No. 4 Mahad, Panaji, Karwar, Mangalore, Cannanore, Calicut (Kozhikode), Feroke, Kuttipuram, Pudu Ponnani, Chowghat Cranganpur to junction with National Highway No. 47 near Edapally. As stated supra, merely because in one of the notifications, the word "bypass" is used, it cannot be said that the purpose is changed.
As stated supra, bypass means a section of National Highway bypassing town or city.
17. Having regard to the statutory provisions, extracted supra, contention of the learned counsel for the appellants that there is a change in the notifications to acquire lands, cannot be accepted. Further contention of the learned counsel that had the National Highway Authority of India, respondent No.2, considered the proposed alignment earlier, instead of varying the alignment as proposed by M/s.AECOM, Asia Company Limited, Haryana, respondent No.9, there would have been less cost effective, less damage and other aspects stated supra, cannot be accepted and it would be against the decision of the Hon'ble Supreme Court in Union of India (UOI) v. Dr.Kushala Shetty and Others reported in (2011) 12 Supreme Court Cases 69, wherein at paragraph W.A.No.2317 OF 2019 : 33 :
(28), it was held as follows:
"28. Here, it will be apposite to mention that NHAI is a professionally managed statutory body having expertise in the field of development and maintenance of National Highways. The projects involving construction of new highways and widening and development of the existing highways, which are vital for development of infrastructure in the country, are entrusted to experts in the field of highways. It comprises of persons having vast knowledge and expertise in the field of highway development and maintenance. NHAI prepares and implements projects relating to development and maintenance of National Highways after thorough study by experts in different fields. Detailed project reports are prepared keeping in view the relative factors including intensity of heavy vehicular traffic and larger public interest. The Courts are not at all equipped to decide upon the viability and feasibility of the particular project and whether the particular alignment would sub serve the larger public interest. In such matters, the scope of judicial review is very limited. The Court can nullity the acquisition of land and, in rarest of rare cases, the particular project, if it is found to be ex - facie contrary to the mandate of law or tainted due to mala fides. In the case in hand, neither any violation of mandate of the 1956 Act has been established nor the charge of malice in fact has been proved. Therefore, the order under challenge cannot be sustained."
W.A.No.2317 OF 2019 : 34 :
In the light of the above discussion, decision and the reasons assigned by writ court in judgment in W.P.(C) No.42646 of 2018 dated 29.03.2019, we find no merits in the instant appeal. Writ appeal is dismissed.
SD/-
S.MANIKUMAR CHIEF JUSTICE SD/-
A.M.SHAFFIQUE JUDGE jes