Kerala High Court
Dr. S.V.Rajagopal Sharma vs The Competent Authority on 11 December, 2018
Author: A.K.Jayasankaran Nambiar
Bench: Hrishikesh Roy, A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.HRISHIKESH ROY
&
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
TUESDAY, THE 11TH DAY OF DECEMBER 2018/20TH AGRAHAYANA, 1940
W.P(C).No.3811 OF 2012
PETITIONERS:
1 DR. S.V.RAJAGOPAL SHARMA
AGED 53 YEARS
MAHAJANA BUILDING, VIDYANAGAR,
KASARAGOD DISTRICT.
2 N.M.MOHAMMED SHAFI
NALAPAD FURNITURE, ANANGOOR,
KASARAGOD DISTRICT.
3 HARISH A.
SECRETARY, NULLIPADI MUHIYADEEN JUMA MASJID,
NULLIPADI, KASARAGOD DISTRICT.
4 A.P.JAFAR
ERIYAL, KUDLU P.O.,
KASARAGOD DISTRICT.
5 ABDULLAH P.A.
S/O. B.P.AHAMMED MUSALIYAR, HILL VIEW, VIDYANAGAR,
KASARAGOD DISTRICT.
6 K.A.ABDUL RAHIMAN
S/O. K.M.AHMED HAJI, THALANGARA,
NASRATH ROAD, KASARAGOD DISTRICT.
7 DR. M.GOPINATHA PRABHU
PRABHU'S COMPOUND, ANEBAGILU ROAD,
KASARAGOD DISTRICT.
8 CHANDRA MOHAN K.C.
SECRETARY, KUDLU SERVICE CO-OPERATIVE
BANK LTD.NO.C.314, KUDLU, KASARAGOD DISTRICT.
9 C.A.MOIDEENKUNHI
SECRETARY, KASARAGOD ISLAMIC CENTRE,
KASARAGOD DISTRICT.
10 K.ABDULLAKUNHI
S/O. ABDUL KHADER, 'SABRINA MANZIL',
BEVOORI ROAD, UDMA VILLAGE, KASARAGOD DISTRICT.
11 ABBAS HAJI
S/O. MUHAMMED, ERIYAL,
KASARAGOD DISTRICT.
W.P.(C).NOS.3811/2012
& 2358/2013 :2:
12 ZIYAD B.A.
KOODALU, KASARAGOD DISTRICT.
13 C.MOOSAKUNHI
(RETIRED SUB REGISTRAR), ERIYAL, KOODLU,
KASARAGOD DISTRICT.
14 SURESHAN K.T.
'SHILA VIHAR', KUDLU P.O.,
KASARAGOD DISTRICT.
15 T.H.ABDUL RAHIMAN
T.H.ENTERPRISES, M.G.ROAD,
KASARAGOD DISTRICT.
16 A.A.EBRAHIM
GREEN HOUSE, M.M.STREET, CHALA ROAD,
VIDYANAGAR, KASARAGOD DISTRICT.
17 Y.M.ABDULLA
S/O. N.M.MOHAMMED, YERIYAL, KOODLU,
KASARAGOD DISTRICT.
18 A.RAMACHANDRAN
OPPOSITE KORUVAL HOSPITAL, NULLIPADY,
KASARAGOD DISTRICT.
19 IBRAHIM
KHALEELULHA K., S/O. K.A.KUNHAMBU HAJI,
K.A.K.HOUSE, JADEED ROAD,
THALANGARA, KASARAGOD DISTRICT.
20 N.K.DINESH
S/O. LATE N.KRISHNAN, 'KRISHNA NILAYAM',
NULLIPADY, KASARAGOD DISTRICT.
21 ARUNKUMAR Q.
S/O. SHASHIKALA, 'DWARAKA NAGAR',
KASARAGOD DISTRICT.
22 BABU K.T.
'MADHAVI KRIPA', KUDLU P.O., KASARAGOD DISTRICT.
23 P.A.MOHAMMED SHAREEF
'DHARUSSALAM', KADAVATH, P.O.MOGRAL PUTHUR,
KASARAGOD DISTRICT.
24 ABDUL KHADER K.S.
KOLIKARA, FORT ROAD,
KASARAGOD DISTRICT.
W.P.(C).NOS.3811/2012
& 2358/2013 :3:
25 NABEESA A.A.
'ZUBAIDA MANZIL', P.O.KUDLU,
KASARAGOD DISTRICT.
26 C.A.MUHAMMED
DM - MANAGAD HOUSE, P.O.CHENGALA,
KASARAGOD DISTRICT.
27 K.M.ABDULLAKUNHI
CHANDI MOOLA HOUSE, NEKRAJE,
KASARAGOD DISTRICT.
28 MAHESH KANIYOOR
KANIYOOR HOUSE, ANANGOOT, P.O.VIDYANAGAR,
KASARAGOD DISTRICT.
29 P.B.I.ABDUL KHADER
PRINCE COMPOUND, VIDYANAGAR,
KASARAGOD DISTRICT.
30 MOHAMMED THANI
DARUL PALAH, THALANGARA DUSTER,
NULLIPADY, KASARAGOD DISTRICT.
31 N.NARASIMHA SHENOY
GANESH KRIPA, KARANDAKKAD,
KASARAGOD DISTRICT.
32 K.NARASIMHA SHENOY
S/O. LATE K.S.SHENOY, NARASIMHA NIVAS, KORANDAKKAD,
KASARAGOD DISTRICT.
33 C.T.ABDUL MANSOOR
S/O. C.T.ABBASKUTTY, K.M.C. 8/80,
P.O.VIDYANAGAR, KASARAGOD DISTRICT.
34 PRAKASH KARANTH
S/O. RAMA KARANTH, KAVERI NILYA,
NEAR GEETHA TALKIES, KASARAGOD DISTRICT.
35 O.A.ASSAINAR
S/O. GURUKKAL ABDULLA, GURUKKAL VILLA,
ANANGOOR, KASARAGOD DISTRICT.
36 MUNEER K.
ERIYAL HOUSE, NEAR CENTRAL PLANTATION CROPS RESEARCH
INSTITUTE, KASARAGOD DISTRICT.
37 VINODARAJKUMAR K.M.
S/O.LATE MANA C.A., 'PUSHPA NIVAS',
ANANGUR, KASARAGOD DISTRICT.
W.P.(C).NOS.3811/2012
& 2358/2013 :4:
38 SAVITHREE
W/O. DAMODARAN, RAJESHWARI NILAYAM,
ASHOK NAGAR ROAD, KASARAGOD DISTRICT.
39 SHARADA
W/O. LATE B.K.KRISHNAN, RAJESHWARI NILAYAM,
MATHURA NAGAR, KUMBLA, KASARAGOD DISTRICT.
40 K.BABUJEE BHAT
S/O. LATE K.LAXMAN BHAT, FORT ROAD,
KASARAGOD.
41 ABDUL ASHRAF A.M.
S/O. P.B.ABDULLA, SAFEENA MANZIL,
PADINERMOOLA, ALAMPADY P.O., KASARAGOD DISTRICT.
42 IBRAHIM M.A.
MADAKKAVU HOUSE, P.O.VELLORE,
MULLERIYA, KASARAGOD DISTRICT.
43 SABIYA IBRAHIM
MADAKKAVU HOUSE, P.O.VELLORE,
MULLERIYA, KASARAGOD DISTRICT.
44 A.A.ABDUL RAHIMAN
'NAZAR MANZIL', CHALA ROAD, VIDYANAGAR,
KASARAGOD DISTRICT.
45 B.M.JALALUDEEN
JALAL MANZIL, CHALA ROAD, VIDYANAGAR,
KASARAGOD DISTRICT.
46 SIDDIQUE O.
1/258, BEVINJA, THEKKIL FERRY P.O.,
KASARAGOD DISTRICT.
47 T.V.SURESH
SHARADA NAGAR, ANANGOOR,
KASARAGOD DISTRICT.
48 K.A.HAJIRA
W/O.LATE T.A.ABDUL RAHIMAN, RIYAJ MANZIL,
THALANGARA BANGOD, KASARAGOD DISTRICT.
49 K.B.ABDUL RAHIMAN
S/O. BEERAN MOIDEEN, K.B.MAHAL,
ERIYAL, KASARAGOD DISTRICT.
50 ABU NAVAS A.M.
S/O. K.B.MOHAMMED KUNHI, SALEEM MANZIL,
ERIYAL, KASARAGOD DISTRICT.
W.P.(C).NOS.3811/2012
& 2358/2013 :5:
51 ABDUL HAMEED
S/O. MOOSAKUNHI HAJI, P.O.KUDLU,
KASARAGOD DISTRICT.
52 SHEENA
W/O. LATE SUDHAKARAN K.T., 'KRIPALAYAM',
KUDLU P.O., KASARAGOD DISTRICT.
53 C.M.BEEFATHIMA
D/O. C.A.MOIDEENKUNHI, SIDDIQUE NAGAR,
BEDIRA, TAGORE COLLEGE ROAD, VIDYANAGAR P.O.,
KASARAGOD DISTRICT.
54 N.M.ABDUL RAZAK
'SHUKRIGE MANZIL', NAIRMAR MOOLA,
VIDYANAGAR P.O., KASARAGOD DISTRICT.
55 CHANDRAKALA K.
W/O. LATE KORAGU K., KALA NIVAS,
SHARATHA ANANGOOR, KASARAGOD DISTRICT.
56 ADUKKADUKKAM HARISH KUMAR
S/O. KRISHNA NAIR, MANIYANGANAM HOUSE,
PARAVANADUKKAM, KASARAGOD DISTRICT.
57 SMITHA HARISHKUMAR
MANIYANGANAM HOUSE, PARAVANADUKKAM,
KASARAGOD DISTRICT.
58 K.MURALIDHAR KAMATH
S/O. K.YESHWANTH KAMATH, 'KRISHNA KRIPA',
FORT ROAD, KASARAGOD DISTRICT.
59 ABDULLA MOHAMMED HANIFA
S/O. M.K.ABDULLA, 'AYSHA MAHAL',
ORAVANGARA, KALANAD, KASARAGOD DISTRICT.
60 ABDULLA AHAMED
S/O. M.K.ABDULLA, APSARA VILLA,
MELPARAMBA, KALANAD, KASARAGOD DISTRICT.
61 T.E.MOHAMMED KUNHI
PARTNER, T.A.AHAMMED & BROTHERS,
M.G.ROAD, KASARAGOD, KASARAGOD DISTRICT.
62 P.ABBAS
THEYKAYKARA, NEAR RIFAI MASJID, P.O.UDMA,
KASARAGOD DISTRICT.
63 K.A.SULAIMAN
S/O. B.H.ABBAS, LANEETH MANZIL,
MALLIPARA, MOGRAL-PUTHUR P.O., KASARAGOD DISTRICT.
W.P.(C).NOS.3811/2012
& 2358/2013 :6:
64 SAUDABI K.T.
W/O. ABOOBACKER C.H., CHERUKKURAN HOUSE, NEAR
C.J.H.S.SCHOOL, CHEMNAD, KASARAGOD DISTRICT.
65 SHAIK MOIDEEN
S/O.S.A.SALEEM, K.K.PARAMTHOTTY, THALANGARA P.O.,
KASARAGOD DISTRICT
66 MUSTAFA C.T.
S/O. C.T.MOIDEENKUNHI, KAPPIVALAPPU,
ANANGOOR, KASARAGOD DISTRICT.
67 A.KESAVA BHAT
S/O. SUBARAYA BHAT, CHARTERED ACCOUNTANT,
PRESTIGE CENTRE, M.G.ROAD, KASARAGOD,
KASARAGOD DISTRICT.
68 A.P.ASHRAF
ERIYAL HOUSE, KUDLU P.O., KASARAGOD DISTRICT.
69 M.P.AHAMMED BASHEER
ERIYAL JUN, P.O.KUDLU, KASARAGOD DISTRICT.
70 K.M.MOHAMMED KUNHI
KOLLAM HOUSE, P.O.KUDLU, KASARAGOD DISTRICT.
71 ABDUL RAHIMAN K.M.
KOLLAM HOUSE, P.O.KUDLU, KASARAGOD DISTRICT.
72 ABDUL LATHEEF
S/O. K.K.ABDULLA HAJI, MUBARAK MANZIL,
UDMA P.O., KASARAGOD DISTRICT.
73 ZAINUDEEN HAJI
SHAHANA MANZIL, KOLLAMPADY, ANANGOOR,
KASARAGOD DISTRICT.
74 A.KATHIRU
S/O. ABDUL KHADER, BHARATH SHOPPING COMPLEX,
NULLIPADI, KASARAGOD DISTRICT.
75 P.MOHAMMED ALI
S/O. ABDUL RAHIMAN, RASHID MANZIL,
NULLIPADI, KASARAGOD DISTRICT.
76 P.MOIDEEN
S/O. ABDUL RAHIMAN, 'JUMEENA MANZIL',
PERUMBAK P.O., VIA KALANAD, KASARAGOD DISTRICT.
W.P.(C).NOS.3811/2012
& 2358/2013 :7:
77 SHAKUNTHALA MALLYA
'SRI NIVAS', NULLIPPADDY, NH-17,
KASARAGOD DISTRICT.
78 BEEFATHIMA M.
MUBARAK MAHAL, P.O.UDMA WEST, KASARAGOD DISTRICT.
79 MOHAMMED RAFEEQUE
HABEEBULLA, MUBARAK MAHAL, P.O.UDMA WEST,
KASARAGOD DISTRICT.
80 K.K.ABDULLA HAJI
MUBARAK MAHAL, P.O.UDMA WEST,
KASARAGOD DISTRICT.
81 BALAKRISHNA RAO
S/O. LATE SHANKAR RAO, KMC VI-313,
NULLIPADY HOUSE, KASARAGOD DISTRICT.
82 MUNEER M.M.
S/O. AMOO, M.M.COMPOUND, ADKATHBAIL,
KASARAGOD DISTRICT.
83 SUHARA RASHEED
W/O. BASHEER, ERIYAL, P.O.KUDLU,
KASARAGOD DISTRICT.
84 MUHAMMED SHERIF K.A.
S/O. ABOOBAKAR, ERIYAL HOUSE, P.O.KUDLU,
KASARAGOD DISTRICT.
85 Y.M.MOIDEEN KUNHI
Y.M.HOUSE, ERIYAL, P.O.KUDLU, KASARAGOD DISTRICT.
86 Y.M.ABDUL KADHAR
ERIYA, KUDLU POST, KASARAGOD DISTRICT.
87 MUSTHAFA
NEAR C.P.C.R.I., KUDLU, KASARAGOD DISTRICT.
88 MUHAMMED ALI
NEAR CENTRAL PLANTATION CROPS RESEARCH INSTITUTE,
KUDLU POST, KASARAGOD DISTRICT.
89 KADEEJABI
W/O. MUHAMMED KUNHI, THAIVALAPPU HOUSE, ERIYAL,
C.P.C.R.I., KUDLU POST, KASARAGOD DISTRICT.
90 EBRAHIM
PRESIDENT, BADAR MASJID, NEAR C.P.C.R.I.,
KUDLU POST, KASARAGOD DISTRICT.
W.P.(C).NOS.3811/2012
& 2358/2013 :8:
91 ABDUL MAJEED K.A.
S/O. LATE K.M.ABOOBACKER, ERIYAL HOUSE,
OPP. C.P.C.R.I, KUDLU POST, KASARAGOD DISTRICT.
92 KHADEEJA
W/O. A.P.ABDUL REHMAN, ERIYAL HOUSE,
POST KUDLU, KASARAGOD DISTRICT.
93 MOHAMMED IQBAL P.K.
S/O. P.A.KUNHAMOO, IQBAL MANZIL,
ERIYAL, P.O.KUDLU, KASARAGOD DISTRICT.
94 ABDULLA P.A.
NOOR MAHAL, ERIYAL, P.O.KUDLU,
KASARAGOD DISTRICT.
95 ABDULLA KUNHI C.I.
DIRECTOR, MALABAR GOLD,
KASARAGOD DISTRICT.
96 SADIK PASHA
SEENATH NAGAR, BANGOD P.O., THALANGARA,
KASARAGOD DISTRICT.
97 DR. T.K.YESHODA
'SRIGANESH', C.C.COLONY, VIDYANAGAR,
KASARAGOD DISTRICT.
98 DR. MRINAL
KRISHNA HOSPITAL, VIDYANAGAR,
KASARAGOD DISTRICT.
99 C.K.IBRAHIM
S/O. LATE C.M.KUNHAMED, MARIYAM MANZIL,
NULLIPADY, KASARAGOD DISTRICT.
100 ABDUL KAREEM A.M.
S/O. MOHAMMED ABDUL RAHMAN, ANANGOOR,
KASARAGOD DISTRICT.
BY ADVS.R.D.SHENOY (SR.)
KUM.ANAGHA LAKSHMY RAMAN
SRI.LEGITH T.KOTTAKKAL
SRI.S.VINOD BHAT
RESPONDENTS:
1 THE COMPETENT AUTHORITY,
UNDER THE NATIONAL HIGHWAYS ACT 1956, KASARAGOD.
(THE DEPUTY COLLECTOR (L.A.), KASARAGOD)
KASARAGOD-671 121.
W.P.(C).NOS.3811/2012
& 2358/2013 :9:
2 THE CHAIRMAN
NATIONAL HIGHWAY AUTHORITY OF INDIA,
NEW DELHI-110 001.
3 UNION OF INDIA
REPRESENTED BY UNDER SECRETARY TO GOVERNMENT,
SURFACE TRANSPORT MINISTRY, NEW DELHI-110 001.
4 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
5 THE KASARAGOD MUNICIPALITY
KASARAGOD-671 121, REPRESENTED BY ITS SECRETARY.
6 THE CHAIRMAN
KASARAGOD MUNICIPALITY, KASARAGOD-671 121.
ADDL. RESPONDENTS 7 & 8:
7 C.A ABDUL AZEEZ
AGED 56 YEARS
S/O ABDULLA HAJI, DARUSSALAM,
RAHAMANIA NAGAR, MATTATHIDY PO, KASARAGOD-671123.
8 STATE OF KERALA
REPRESENTED BY SECRETARY, PWD DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
R1 & R3 BY ADV.SMT.C.G.PREETHA, CGC
R2 BY ADV.SRI.THOMAS ANTONY, SC, NATIONAL HIGHWAY
AUTHORITY OF INDIA
ADDL. R7 BY ADV.SRI.TITUS MANI VETTOM
R5 & R6 BT ADV.SRI.MATHEW B. KURIAN
R5 & R6 BY ADV.SRI.K.T.THOMAS
R4 & ADDL.R8 BY GOVT. PLEADER SRI. SURINE GEORGE IPE
BY SRI.V.V.NANDAGOPAL NAMBIAR, ADVOCATE COMMISSIONER
ADDL.RESPONDENT NO.7 IS IMPLEADED AS PER ORDER DATED
8.4.2013 IN I.A.NO.5339/2013.
ADDL.RESPONDENT NO.8 IS IMPLEADED AS PER ORDER DATED
4.4.2018 IN I.A.NO.6166/2018.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.12.2018 ALONG WITH W.P.(C).NO.2358/2013, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).NOS.3811/2012
& 2358/2013 : 10 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.HRISHIKESH ROY
&
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
TUESDAY, THE 11TH DAY OF DECEMBER 2018/20TH AGRAHAYANA, 1940
W.P(C).No.2358 of 2013
PETITIONER:
P.H.ABDULLA HAJEE
SECRETARY, 'ACTION COMMITTEE FOR PROTECTION OF LANDS OF
VIDYANAGAR, UDAYAGIRI, CHETTUMKUZHI, ULAYATHADKA,
BHAGAVATHI NAGAR, ERIYAL AND CHOWKI',
RESIDING AT MADEENA COMPOUND, P.O.VIDYA NAGAR,
KASARGOD-671123
BY ADV. SRI.TITUS MANI VETTOM
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY SECRETARY TO MINISTRY OF ROAD,
TRANSPORT & HIGHWAYS, NORTH BLOCK,
LOK NAYAK BHAVAN, NEW DELHI 110 001
2 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM 695001
3 THE CHAIRMAN
NATIONAL HIGHWAYS AUTHORITY OF INDIA, G 5&6,
SECTOR-10 DWARKA, NEW DELHI 110 075
4 PROJECT DIRECTOR
PROJECT IMPLEMENTATION UNIT,
NATIONAL HIGHWAYS AUTHORITY OF INDIA, NO.2/2175-B,
KRISHNA KRIPA, AISHWARYA ROAD, CIVIL STATION (POST),
KOZHIKODE 673020
R1 BY ADV.SMT.C.G.PREETHA, CGC
R2 BY GOVERNMENT PLEADER SRI.SURINE GEORGE IPE
R3 & R4 BY SRI.THOMAS ANTONY, SC, NATIONAL HIGHWAYS
AUTHORITY OF INDIA
R3 & R4 BY ADV.SRI.M.P.PRAKASH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.12.2018 ALONG WITH W.P.(C).NO.3811/2012, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).NOS.3811/2012
& 2358/2013 : 11 :
JUDGMENT
A.K.Jayasankaran Nambiar, J.
Heard Sri.R.D.Shenoy, the learned senior counsel duly assisted by Adv.Sri.S.Vinod Bhat for the petitioners in W.P.(C).No.3811/2012, as also Sri.Titus Mani Vettom, the learned counsel for the petitioner in W.P.(C).No.2358/2013. Also heard Sri.Thomas Antony, the learned Standing counsel for the National Highways Authority of India, Smt.C.G.Preetha, the learned Central Government Counsel for the Union of India as also Sri.Surine George Ipe, the learned Government Pleader for the official respondents of the State in both these writ petitions.
2. As both these writ petitions involve a common issue, they are taken up for consideration together and disposed by this common judgment. For the sake of convenience, the reference to facts and exhibits is from W.P. (C).No.3811/2012.
3. The petitioners are stated to be owners of land situated on both sides of the existing National Highway - 17 [NH-17] passing through Kasaragod Town. They are aggrieved by Ext.P1 Notification dated 21.9.2011, by which, the proposal to initiate acquisition proceedings, for the purposes of widening the existing National Highway so as to construct a Four line Highway etc., was W.P.(C).NOS.3811/2012 & 2358/2013 : 12 :
mooted. The petitioners were aggrieved by that portion of the Notification which contemplated the widening of the National Highway in the stretch from Vidya Nagar to the Central Plantation Crops Research Institute [CPCRI]. It was the case of the petitioners that before issuance of the Notification, there was no survey/physical inspection/verification conducted by any of the authorities to decide on the feasibility of expansion of the existing National Highway. The petitioners had also suggested an alternate alignment to the Highway by avoiding the busy town area, and it was the prayer sought for by the petitioners that the respondents be directed to accept the alternate route suggested by the petitioners from the CPCRI to Vidya Nagar through Uliyathadukka. While interim orders were passed by this Court appointing an Advocate Commissioner to look into the feasibility of the alternate route proposed by the petitioners, and further, directions were also given to the National Highway Authority of India to consider the objections of the petitioners with regard to the proposal notified in Ext.P1 notification, we find that during the pendency of the writ petition, the National Highway Authority of India found that the alternate routes suggested by the petitioners were not feasible options in connection with the proposal for widening of the existing Highway, and further that the Advocate Commissioner himself had reported on the merits of a proposal other than that mooted by the petitioners.
4. When the matter was taken up for hearing, it is also brought to our notice by the learned Standing Counsel for the National Highway Authority of India that of the 100 petitioners, six of them have already handed over their W.P.(C).NOS.3811/2012 & 2358/2013 : 13 :
acquired land to the competent authority and accepted compensation. The list also contains the names of another 23 persons, among the petitioners, who have submitted the necessary documents for availing compensation sanctioned by the National Highway Authority of India, and it is stated that the compensation will be released to them as and when the possession of the land is handed over to the competent authority. It is at this stage of the proceedings for acquisition that the writ petition has come up for hearing.
5. W.P.(C).No.2358/2013 is one that is filed in the nature of a Public Interest Litigation by person who apprehended that, in the event of any change in alignment of the National Highway, his property would be adversely affected, and in the said writ petition, the prayer sought for is for a direction to the National Highway Authority of India to implement the road widening project for the entire 8 kms of NH-17 that passes through Kasaragod Town suburb according to the detailed project report prepared and approved by the National Highway Authority of India.
6. In the light of the submission of the learned Standing Counsel for the National Highway Authority of India, that a major portion of the acquisition of the land [approximately 97%] has already been completed, we are of the view that the apprehension of the petitioner in W.P.(C).No.2358/2013 has now been allayed, since there is no proposal to divert the alignment of the National Highway. That apart, in relation to W.P.(C).No.3811/2012, we find that although W.P.(C).NOS.3811/2012 & 2358/2013 : 14 :
the objection is to the proposed widening of the National Highway, the suggestion made for an alternate route can, at any rate, have no bearing to the issue under consideration since, Ext.P1 Notification itself contemplates the widening of an existing National Highway, and in that process of widening of an existing National Highway, the alignment of the National Highway itself, through another route, cannot be undertaken. That apart, we find that while some of the petitioners have expired during the pendency of this writ petition, many others have already availed of the compensation offered by the competent authority or submitted the necessary documents for the purposes of obtaining the said compensation from the competent authority. Under such circumstance, and at this distance of time, taking note of the subsequent developments with regard to the acquisition of land for the purposes of widening of the existing National Highway, we are of the view that the prayers sought for in the writ petition cannot be granted. Resultantly, while W.P.(C).No.3811/2012 is dismissed for the reason stated above, W.P.(C).No.2358/2013 is dismissed as infructuous.
Sd/-
HRISHIKESH ROY CHIEF JUSTICE Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
prp/12/12/18
W.P.(C).NOS.3811/2012
& 2358/2013 : 15 :
APPENDIX OF W.P.(C).NO.3811/2012:
PETITIONERS EXHIBITS:
EXT.P1: TRUE COPY OF THE NOTIFICATION PUBLISHED BY THE FIRST RESPONDENT IN MALAYALA MANORAMA DAILY DATED 8.12.2011. EXT.P1(A): A LIST SHOWING THE DETAILS OF THE SURVEY NUMBER AND VILLAGE, OF THE PROPERTY SOUGHT TO BE ACQUIRED FROM THE PETITIONERS.
EXT.P2: TRUE COPY OF THE OBJECTION PREFERRED BY THE FIRST PETITIONER TO THE PROPOSAL FOR ACQUISITION OF THE PROPERTY FOR WIDENING THE NATIONAL HIGHWAY PASSING THROUGH THE MIDDLE OF THE CITY.
EXT.P2(A): TRUE COPY OF THE OBJECTION FILED BY THE 2ND PETITIONER TO THE EXT.P1.
EXT.P3: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE CHAIRMAN, NATIONAL HIGHWAY AUTHORITY OF INDIA.
EXT.P4: TRUE COPY OF THE AREAL MAP DOWNLOADED FROM GOOGLE WEB SITE, MAKING THE MARKING OF THE EXISTING ROAD AND THE ALTERNATIVE PROPOSAL.
EXT.P5: TRUE COPY OF THE LETTER ADDRESSED TO THE CHAIRMAN, NATIONAL HIGHWAY AUTHORITY OF INDIA, BY THE CHAIRMAN OF THE KASARAGOD MUNICIPALITY DATED 2.1.2012.
EXT.P6: TRUE COPY OF THE LETTER DATED 1.1.2012 SUBMITTED BY THE M.L.A. REPRESENTING KASARAGOD CONSTITUENCY. EXT.P7: TRUE COPY OF THE LETTER DATED 1.1.2012 SUBMITTED BY THE M.L.A. OF MANJESHWAR CONSTITUENCY, BEFORE THE CHAIRMAN, NATIONAL HIGHWAY AUTHORITY.
EXT.P8: TRUE COPY OF THE WRITE UP APPEARED IN THE DAILY 'KASARAGOD VARTHA' ON 28.12.2011.
EXT.P9: TRUE COPY OF THE WRITE UP APPEARED IN THE DAILY 'KASARAGOD VARTHA' ON 31.12.2011.
EXT.P10: TRUE COPY OF THE ROUGH SKETCH SHOWING THE AREAS.
EXT.P11: PHOTOGRAPHS SHOWING THE WIDTH OF THE EXISTING
ULIYATTADKA VIDYANAGAR ROAD UPTO NATIONAL HIGHWAY ON THE
W.P.(C).NOS.3811/2012
& 2358/2013 : 16 :
SOUTHERN END.
EXT.P12: TRUE COPY OF THE SKETCH PREPARED BY THE ENGINEER, SHOWING THE ALTERNATE ROUTE SUGGESTED BY THE PETITIONERS.
EXT.P13: A DETAILED SKETCH.
EXT.P13(A): A DETAILED SKETCH.
EXT.P13(B): A DETAILED SKETCH.
EXT.P13(C): A DETAILED SKETCH.
EXT.P13(D): A DETAILED SKETCH.
EXT.P13(E): A DETAILED SKETCH.
EXT.P14: TRUE COPY OF THE SKETCH SHOWING THE NATIONAL HIGHWAY APPROVED FROM CHAINAGE 56.900 TO 61.200.
EXT.P15: COPY OF THE RELEVANT EXTRACT OF THE PROCEEDINGS IN THE HOUSE TOOK PLACE ON 14.3.2018.
RESPONDENTS EXHIBITS:
EXT.R2(A): TRUE PHOTOCOPY OF THE DETAILS OF ROW AVAILABLE AT DIFFERENT CHAINAGE WITH IN THE KASARGOD TOWN.
EXT.R2(B): TRUE PHOTOCOPY OF THE DETAILED LIST OF STRUCTURES THAT WILL BE AFFECTED IN THE APPROVAL ALIGNMENT AND IN THE ALIGNMENT PROPOSED BY THE PETITIONERS.
ANNEXURE R2(A): THE ORIGINAL REPORT AND SKETCH PREPARED BY THE 2ND RESPONDENT AS DIRECTED BY THIS HON'BLE COURT.
EXT.R2(C): TRUE PHOTOCOPY OF THE INSPECTION NOTE.
EXT.R2(D) TO (10): TRUE PHOTOCOPY OF THE APPROVED ALIGNMENT FROM CH.46.000 TO CH.54.000.
//TRUE COPY//
P.S. TO JUDGE
W.P.(C).NOS.3811/2012
& 2358/2013 : 17 :
APPENDIX OF W.P.(C).NO.2358/2013:
PETITIONER'S EXHIBITS:
EXT.P1: TRUE COPY OF THE MINUTES OF THE MEETING DATED
30.12.2012 OF THE 'ACTION COMMITTEE' AND ITS TRUE ENGLISH TRANSLATION.
EXT.P2: TRUE COPY OF S.3D NOTIFICATION DATED 20.9.2012.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE