Kerala High Court
Balakrishnan Nair K vs Union Of India on 12 February, 1992
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 15TH DAY OF DECEMBER 2017/24TH AGRAHAYANA, 1939
WP(C).No. 10916 of 2017 (L)
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PETITIONER(S):
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BALAKRISHNAN NAIR K
KOTTACHERRY HOUSE, MELUR POST,
KOYILANDY, KOZHIKODE DISTRICT, PIN-673306
BY ADVS.SRI.ANIL PRASAD
SRI.A.V.NIDHIN
RESPONDENT(S):
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1. UNION OF INDIA
REP. BY SECRETARY TO GOVERNMENT,
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
TRANSPORT BHAVAN 1, PARLIAMENT STREET,
NEW DELHI-110001
2. STATE OF KERALA
REP. BY THE SECRETARY TO GOVERNMENT,
PUBLIC WORKS DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM PIN-695001
3. THE CHIEF ENGINEER
NATIONAL HIGHWAY, KERALA PWD
THIRUVANANTHAPURAM PIN-695001
4. THE EXECUTIVE ENGINEER
NATIONAL HIGHWAY DIVISIONAL
MANACHIRA, KOZHIKODE PIN-673001
5. THE DISTRICT COLLECTOR
KOZHIKODE CIVIL STATION
KOZHIKODE PIN-673020
6. THE LAND ACQUISITION TAHSILDAR (NH)
CIVIL STATION, KOZHIKODE PIN-673020
R1 BY ADV. SMT.PREMLATHA K. NAIR, CGC
BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
R2 TO R6 BY GOVERNMENT PLEADER SRI.T.K.SHAJAHAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
15-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 10916 of 2017 (L)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1: TRUE COPY OF THE SETTLEMENT DEED DATED 12.02.1992
NO.419/1992
EXHIBIT P2: PHOTOGRAPHS OF THE PETITIONER'S HOUSE
EXHIBIT P3: TRUE COPY OF THE SKETCH OF PETITIONER'S LAND AND HOUSE
EXHIBIT P4: TRUE COPY OF THE EXTRACT OF THE NOTIFICATION DATED
02.12.2009 ISSUED BY 1ST RESPONDENT
EXHIBIT P5: TRUE COPY OF THE EXTRACT OF THE NOTIFICATION DATED
08.12.2011 ISSUED BY 1ST RESPONDENT
EXHIBIT P6: TRUE COPY OF THE EXTRACT OF THE NOTIFICATION DATED
21.06.2016 ISSUED BY 1ST RESPONDENT
RESPONDENT'S EXHIBITS: NIL
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TRUE COPY
PA TO JUDGE
Scl.
DEVAN RAMACHANDRAN, J.
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W.P.(C) No.10916 of 2017
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Dated this the 15th day of December, 2017
JUDGMENT
The petitioner has filed this writ petition saying that he is aggrieved by the 'inordinate delay and inaction" on the part of the respondents in the matter of acquisition of land for the proposed Nandhi - Chengottukavu National Highway bypass project, which according to him, has been pending for the last 44 years. The petitioner has made the following prayers in this writ petition:
"i. To issue a writ of mandamus or other appropriate writ order or direction directing the respondents to finalise the proceedings pursuant to Ext.P6 notification, within a time limit to be fixed by this Hon'ble Court.
ii. To issue appropriate writ order or direction declaring that the petitioner is entitled to utilise and enjoy the property covered by Ext.P1 document, disregarding acquisition proceedings initiated by the 1st respondent.
W.P.(C) No.10916 of 2017 -2-
iii. To issue a writ of mandamus or any other appropriate writ order or direction directing the respondents to pay compensation of Rs.10 lakh for keeping the property of the petitioner freezed for the last 44 years, without being acquired."
2. The above prayers have been made by the petitioner on the assertion that for the last 44 years, the authorities have not taken any steps to complete the acquisition proceedings, which according to him, would also include his property even though several statutory notifications indicating intent of acquisition have been made in the past and that, for all these years, he was unable and incapacitated from using his property profitably.
3. I notice that a statement has been filed on behalf of the Central Government wherein the stand taken is that since the subject matter concerns acquisition of land for development of National Highway by the National Highways Authority of India, the concerned project implementing agency, viz; 'the NHAI in the subject case' is responsible for the project and for defending litigation.
W.P.(C) No.10916 of 2017 -3-
4. Even though I have heard this matter for some time today, during such hearing, it has been brought to my notice that the Ministry of Road Transport and Highways has, pending this writ petition, issued a new notification under Section 3 A of the National Highways Act, 1956 dated 8.11.2017, notifying certain extents of land for the purpose of building, maintenance, management and operation of National Highway No.17 during the stretch kilometre 185.980 to kilometre 260.200 of the Kannur - Vengalam section in Kozhikode District. Even though this notification has not been placed on record, a copy of it has been handed over by the learned counsel for the petitioner across the bar. From the notification, it is indisputable that the petitioner's property is also included for acquisition. That being so, it is certain that the petitioner cannot have any further grievance as has been projected by him in the writ petition. As regards prayer No.3 above, he seeks compensation for the respondents keeping his property 'freezed' (sic) for the last 44 years without being acquired. W.P.(C) No.10916 of 2017 -4- This is not an issue that this Court, acting under Article 226 of the Constitution of India, can consider and the petitioner will have to seek appropriate remedies, which is so advised.
5. For the above, I deem it appropriate to close this writ petition recording that the Government of India, Ministry of Road Transport and Highways has now issued a notification dated 8.11.2017, under Section 3A of the National Highways Act, 1956, including the petitioner's property, which is the subject matter of this writ petition, for acquisition.
6. The learned counsel for the petitioner at this time requests that the respondents be directed to complete the process of acquisition based on the new notification within a time frame. He makes his request on the assertion that this is the sixth such notification which have been issued by the Government and he says that no acquisition proceedings were even initiated pursuant to the earlier such notifications. Even if this submission is true, I am afraid that I cannot accede to this request since these are matters which are regulated by the W.P.(C) No.10916 of 2017 -5- applicable and relevant provisions of the statute and any interference by this Court, in the manner as is now requested, would not be justified or desirable.
This writ petition is closed recording the submissions above.
Sd/-
DEVAN RAMACHANDRAN JUDGE Scl/15.12.2017