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22. In Para. 67 of the decision in P.V. Krishnamoorthy [(2021) 3 SCC 572], the Apex Court quoted Annexure 1.1 to Chapter 1 of the Manual of Guidelines on Land Acquisition for National Highways under the National Highways Act, 1956, published by the Government of India, MoRTH, in December, 2018. Chapter 1 of the Manual of Guidelines deals with 'NH Project Alignments and the Role of DPR Consultants'. Para.1.1. of Chapter 1 deals with 'project alignment and hindrances/encumbrances for the Right of Way (RoW)'. The challenges and hindrances on account of religious structures are referred to in clauses (iii) and (v) of Para.1.1. Para.1.2. of Chapter 1 deals with 'role and responsibilities of DPR Consultants'. As per clause (ii) of Para.1.2., where the DPR Consultant proposes a new alignment or a bypass, its due validation by a field visit on the proposed alignment by the concerned officers W.P(C)Nos.14183 of 2021, 14347 of 2021 & 17244 of 2021 of the Project Implementing Agencies along with the DPR Consultant is a must. Since the alignments have to be approved at sufficiently senior levels (Member in NHAI, MD in NHIDCL, ADGs in the Ministry), the competent authority approving the alignment must take a certificate, jointly signed by the DPR Consultant and the concerned PD, to the effect that all such hindrances (religious and private structures/public buildings/ major Utilities, etc. have been identified and avoided (to the extent feasible) while delineating the alignment or the nature of hindrances, which are unavoidable and fall in the proposed RoW of the road alignment are identified, pointed out and marked upfront. As per clause (ii) of Para.1.2., the DPR Consultant must make a specific mention of the following hindrances while proposing an alignment;

47. As per the provisions under the Manual of Guidelines on Land Acquisition for National Highways published by the Government of India, MoRTH, in December, 2018, while proposing an alignment, the DPR Consultant must make a specific mention of any hindrance on account of any religious structures like temple, mosque, mazar, church, gurudwara, cemetery, cremation ground coming in the proposed RoW. As per the Manual, analysis in terms of the guidelines is an integral part of DPR preparation. The DPR W.P(C)Nos.14183 of 2021, 14347 of 2021 & 17244 of 2021 Consultants are expected to delineate and propose the most optimal alignment and take care of geometrics of the road to meet safety parameters while finalising the DPR. The DPR Consultants are expected to identify and avoid to the extent feasible all religious structures, public utilities, cremation grounds, private structures in the RoW of the road project that could become major hindrances at the time of project execution.

60. The provisions under the Travancore-Cochin Hindu Religious Institutions Act referred to hereinbefore would show that the Travancore Devaswom Board has a statutory duty under Section 15A of the Act to see that the regular rites and ceremonies according to the practice prevalent Thiruvarattukavu Devi Temple are performed promptly. The Board shall arrange for the conduct of daily worship and ceremonies and of the festivals in Thiruvarattukavu Devi Temple according to its usage. In view of the law laid down by the Apex Court in A.A.Gopalakrishnan [(2007) 7 SCC 482] and followed in the decisions referred to hereinabove, it is the duty of the Board to protect and safeguard the properties of Thiruvarattukavu Devi Temple from any wrongful claims, misappropriation, etc. It is the duty of the courts in exercise of its inherent jurisdiction and the doctrine of parens patriae to protect and safeguard the interest and properties of Thiruvarattukavu Devi Temple, which is a religious institution from any wrongful claims, W.P(C)Nos.14183 of 2021, 14347 of 2021 & 17244 of 2021 misappropriation, etc. The provisions under the Travancore-Cochin Hindu Religious Institutions Act or the law laid down in the decisions referred to supra, would not entitle the Travancore Devaswom Board or a devotee of the deity in an incorporated or unincorporated Devaswom under the administration of the Travancore Devaswom Board to challenge the proceedings initiated under the provisions of the NH Act for excluding the temple premises or the temple structures from the acquisition proceedings. However, in view of the provisions under the Manual of Guidelines on Land Acquisition for National Highways published by the Government of India, MoRTH, the Travancore Devaswom Board or a devotee of the deity can raise a contention that while proposing the alignment of the national highway or bypass the DPR Consultant and the competent authorities in NHAI have not taken steps to avoid to the extent feasible the temple structures in the RoW of the road project. However, while considering the said aspect, as per the provisions under the Manual of Guidelines, the DPR consultant and the competent authorities in NHAI have to strictly follow the design, construction and maintenance standards in the Manual [IRC:SP:84- 2009 as revised by IRC:SP:84-2019], which are the minimum prescribed, in order to ensure the appropriate manner of W.P(C)Nos.14183 of 2021, 14347 of 2021 & 17244 of 2021 construction and maintenance of a four-lane national highway and also the safety of road users.

79. As already noticed hereinbefore, the provisions under the Travancore-Cochin Hindu Religious Institutions Act or the law laid down by the Apex Court in A.A. Gopalakrishnan [(2007) 7 SCC 482] and followed by this Court in Mohanan Nair [2013 (3) KLT 132] and Nandakumar [2018 (2) KHC 58], would not entitle the Travancore Devaswom Board or a devotee of the deity in an incorporated or unincorporated Devaswom under the administration of the Travancore Devaswom Board to challenge the proceedings initiated under the provisions of the NH Act for excluding the temple premises or the temple structures from the acquisition proceedings. However, in view of the provisions under the Manual of Guidelines on Land Acquisition for National Highways published by the Government of India, MoRTH, the Travancore Devaswom Board or a devotee of the deity can raise a contention that, while proposing the alignment of the national highway or W.P(C)Nos.14183 of 2021, 14347 of 2021 & 17244 of 2021 bypass the DPR Consultant and the competent authorities in NHAI have not taken steps to avoid to the extent feasible the temple structures in the RoW of the road project. However, while considering the said aspect, as per the provisions under the Manual of Guidelines, the DPR consultant and the competent authorities in NHAI have to strictly follow the design, construction and maintenance standards in the Manual [IRC:SP:84-2009 as revised by IRC:SP:84-2019], which are the minimum prescribed, in order to ensure the appropriate manner of construction and maintenance of a four-lane national highway and also the safety of road users. In view of the provisions under sub-section (1) of Section 198A of the Motor Vehicles Act, while avoiding to the extent feasible any religious structures, public utilities, etc. as per the provisions under the Manual of Guidelines, the designated authority, contractor, consultant or concessionaire responsible for the design or construction or maintenance of the safety standards of four-lane national highway, shall strictly follow the design, construction and maintenance standards in the Manual [IRC:SP:84-2009, as revised by IRC:SP:84-2019], which are the minimum prescribed, in order to ensure the appropriate manner of construction and maintenance of a four-lane national highway and also the safety of road users. W.P(C)Nos.14183 of 2021, 14347 of 2021 & 17244 of 2021