P.T.Aysha vs National Highway Authority Of ...

Citation : 2022 Latest Caselaw 7094 Ker
Judgement Date : 17 June, 2022

Kerala High Court
P.T.Aysha vs National Highway Authority Of ... on 17 June, 2022
         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR. JUSTICE T.R.RAVI
  FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
                        WP(C) NO. 2347 OF 2019
PETITIONER    :

         P.T.AYSHA, D/O.AHAMMED KOYA, KALLIYATH HOUSE,
         MAMANGALAM KARA, PALARIVATTOM.
         BY ADVS.K.I.MAYANKUTTY MATHER, SRI.R.JAIKRISHNA,
         SMT.T.K.SREEKALA & SRI.P.RAHUL,

RESPONDENTS       :

    1    NATIONAL HIGHWAY AUTHORITY OF INDIA,
         G-586, SECTOR-10, DWARAKA P.O, NEW DELHI- 110075,
         REPRESENTED BY ITS CHAIRMAN.
    2    PROJECT DIRECTOR,
         NATIONAL HIGHWAYS AUTHORITY OF INDIA, TC-
         29/1539/1, RAJASREE KAIRALI, PERUMTHANNI,
         VALLAKKADAVU P.O., THIRUVANANTHAPURAM- 695 008.
    3    EXECUTIVE ENGINEER,
         OFFICE OF THE NATIONAL HIGHWAY AUTHORITY OF
         INDIA, RAJAGIRI P.O., KALAMASSERY- 683104.
    4    SPECIAL DEPUTY COLLECTOR (LA),
         NH 66 (OLD NH 17), ERNAKULAM- 682030.
    5    DISTRICT COLLECTOR, ERNAKULAM- 682030.
         ADDITIONAL RESPONDENTS :
   *6    SPECIAL TAHSILDAR, LA NH-2, PARAVOOR.
   *7    SPECIAL TAHSILDAR, LA NH-3, PARAVOOR.
          * (ADDITIONAL R6 AND R7 ARE SUO MOTU IMPLEADED
         AS PER ORDER DATED 10/04/2019 IN WPC 2347/2019)
         R3 TO R7 BY ADVS.SMT.I.SHEELA DEVI, G.P.
         R1 & R2 BY SHRI.PRADEEP BABU P.D.



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.06.2022,       THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P(C) No.2347 of 2019                2




                                 T.R.RAVI, J.
                ------------------------------------------------
                        W.P(C) No.2347 of 2019
              ----------------------------------------------------
              Dated this the 17th day of June, 2022.

                            JUDGMENT

The writ petition is dismissed as not pressed with liberty to the petitioner to challenge the compensation awarded, if she is in any way aggrieved.

Sd/-

T.R.RAVI, JUDGE amk W.P(C) No.2347 of 2019 3 APPENDIX OF WP(C) 2347/2019 PETITIONER'S ANNEXURES :

ANNEXURE R2(A) TRUE COPY OF THE APPROVED ALIGNMENT SHOWING THE LAND ACQUISITION PLAN FOR THE PORTION OF ALAGAD VILLAGE FRO DESIGN CH. KM,413/000 TO CH.KM.414/000 EXHIBIT P1 TRUE COPY OF THE EYE SKETCH TO DEMONSTRATE THE PRESENT ALIGNMENT OF THE NH 66(OLD NH 17) NEAR THE PETITIONER'S PROPERTY, LOCATION OF THE PETITIONER'S PROPERTY DATED NIL.

EXHIBIT P2 TRUE COPY OF THE NOTIFICATION DATED 29.11.2018 AS APPEARED IN MALAYALA MANORAMA DAILY.

EXHIBIT P3 TRUE COPY OF THE EYE SKETCH TO DEMONSTRATE THE NEW ALIGNMENT OF THE HIGHWAY DATED NIL.

EXHIBIT P4 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER.

EXHIBIT P5 A TRUE COPYOF THE PROCEEDINGS OF THE 4TH RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE NOTIFICATION ISSUED UNDER SECTION 3A OF THE NATIONAL HIGHWAYS ACT, 1956 AS APPEARED IN MALAYALA MANORAMA DAILY DATED 19-03-2020. EXHIBIT P7 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER.