Kerala High Court
K.P. Mohammed Raneez vs The Project Director on 11 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 42139 OF 2023
PETITIONERS:
1 K.P. MOHAMMED RANEEZ,AGED 30 YEARS,S/O. K.P. ABDUL
KHADER, RESIDING AT FAZEELA MANZIL, PALLIKARA N H,
NILESHWAR, NILESHWAR VILLAGE AND POST, HOSDURG TALUK.
NOW RESIDING AT NILESHWAR HOUSE, OPP. GOVT. COLLEGE,
VIDYANAGAR, KASARAGOD., PIN - 671121
2 N.A. RAHAMATH BEEVI,AGED 48 YEARS,W/O. K.P. ABDUL
KHADER, RESIDING AT FAZEELA MANZIL, PALLIKARA N H,
NILESHWAR, NILESHWAR VILLAGE AND POST, HOSDURG TALUK.
NOW RESIDING AT NILESHWAR HOUSE, OPP. GOVT. COLLEGE,
VIDYANAGAR, KASARAGOD., PIN - 671121
BY ADVS.
PUSHPARAJAN KODOTH
K.JAYESH MOHANKUMAR
VANDANA MENON
VIMAL VIJAY
RESPONDENTS:
1 THE PROJECT DIRECTOR,NATIONAL HIGHWAYS AUTHORITY OF
INDIA, H NO. XXIII/752, NEAR CSI CHURCH, MISSION
COMPOUND, MELACOVVA, KANNUR DISTRICT, KERALA., PIN -
670006
2 THE DISTRICT COLLECTOR,KASARAGOD & ARBITRATOR NATIONAL
HIGHWAY AUTHORITY OF INDIA, KASARAGOD., PIN - 671121
3 SPECIAL DEPUTY COLLECTOR,LAND ACQUISITION (NH),
KASARAGOD & COMPETENT AUTHORITY., PIN - 671121
4 THE SPECIAL TAHSILDAR,LAND ACQUISITION (NH), UNIT - 1,
KASARAGOD., PIN - 671121
BY ADV MATHEWS K.PHILIP KALAPPURACKAL PHILIPOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.42139 of 2023 2
VIJU ABRAHAM,J
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W.P.(C).No.42139 of 2023
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Dated this the 11th day of April, 2024
JUDGMENT
Petitioners have approached this Court seeking the following reliefs:
i) issue a writ of mandamus or any other appropriate order or direction, directing the respondents 1,3 and 4 not to dump any earth into the property of the petitioners situate in R.S.No.203/2 and 203/1pt.1 of Chengala Village forthwith;
ii) issue a writ of mandamus or any other appropriate order or direction, directing the respondents 1,3 and 4 not to proceed with any construction in the land acquired from the 1st petitioner without constructing any retainer wall to the property acquired;
iii) issue a writ of mandamus or any other appropriate order or direction, directing the respondents 1,3 and 4 not to cause any damages tio the property of the petitioners situates in R.S.Nos.203/2 and 203/1pt of Chengala Village by depositing earth into the property of the petitioners; W.P.(C).No.42139 of 2023 3
iv) issue a writ of mandamus or any other appropriate order or direction, directing the respondents 1,3 and 4 to provide road access into the property of the petitioners from the National Highway;
v) issue a writ of mandamus or any other appropriate order or direction, directing the respondents 1,3 and 4 to pay compensation to the petitioners for the damages caused to the properties of the petitioners situated in R.S.No.203/2 and 203/1pt.1 of Chengala Village;
vi) issue a writ of mandamus or any other appropriate order or direction, directing the 2nd respondent to consider Exhibits P14 and P15 at the earliest;
vii) grant such other relief as the Court may deem fit and proper in the circumstances of the case; and
viii) to dispense with the production of English translation of vernacular language.
2. A counter affidavit has been filed by the 1st respondent. Paragraph 6 of the counter affidavit reads as follows:
"6.On 02.04.2024 when the case came up for W.P.(C).No.42139 of 2023 4 consideration before this Court, this Court needs certain clarifications with regard the implementation of the project at the disputed site and the steps planned for the protection of petitioners' property while implementing the project. In response to that I humbly submits that in order to avoid the spillage of soil from the ROW of NHAI to the land of Mr.Raneez, the following measures have already been taken and many of them have been executed. a. The soil accidentally spilled at the land of Mr.Raneez has been removed completely near Pier P16 to P18 (approximate Length 99.5 mtrs, at Ch 57+200 to 57+300), except the soil temporary filled within the ROW of NHAI for the construction of Flyover span between P16 and P18. The same soil is anticipated by Mr.Raneez to have slippage in rainy season towards his land. However this temporarily filled soil will be removed after construction of Flyover span between P16 and P18 before onset of Monsoon season ie; 20th May 2024. Since at this stretch there is an elevated Flyover, the construction of retaining wall. Toe wall is not required. Sketch of the area is produced herewith and marked as Ext.R1A. W.P.(C).No.42139 of 2023 5
b. The soil filled by Mr.Siddique (approximate length 100 mtrs) adjoining to Raneez's land is anticipated by Mr.Raneez to have slippage in rainy season towards his land. Mr.Siddique has assured for protection of slippage by construction of Retaining wall/Toe wall at the boundary between Mr.Raneez's land and Mr.Siddique's land.
c. If the construction of Retaining wall/Toe wall is not completed timely then Protection work will be done by Megha Engineering and Infrastructure Ltd., before onset of Monsoon season ie, 20th May 2024."
The 1st respondent has narrated the steps taken to remove the soil on the property of the petitioners and regarding the construction of a retaining wall. The 1st respondent would submit that necessary steps in this regard will be taken on or before 20th May, 2024. The learned counsel for the petitioners would submit that, his client will be satisfied if 1st respondent implement all the undertaking given in paragraph 6 of the counter affidavit. The learned counsel for the petitioners would submit that damage has been caused to the W.P.(C).No.42139 of 2023 6 property by the action of the 1st respondent. If it is for the petitioners to move the Arbitrator under Section 3G(7) of the National Highway Act, 1956, by filing appropriate petition in this regard which shall be duly considered by the said authority in accordance with law.
In view of the directions issued, the writ petition is disposed of.
sd/-
VIJU ABRAHAM, JUDGE pm W.P.(C).No.42139 of 2023 7 APPENDIX OF WP(C) 42139/2023 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO. 4565/1/2017 OF S.R.O., KASARAGOD DATED 27.11.2017. Exhibit P2 TRUE COPY OF THE SALE DEED NO. 1815/2021 DATED 12.04.2021 OF S.R.O., KASARAGOD. Exhibit P3 TRUE COPY OF THE SALE DEED NO. 1814/2021 OF S.R.O., KASARAGOD DATED 12.04.2021. Exhibit P4 TRUE COPY OF THE AWARD IN LAC 159/CHENGALA DATED 09.02.2020 PASSED BY THE 3RD RESPONDENT.
Exhibit P5 TRUE COPY OF THE AWARD IN LAC 160/CHENGALA DATED 09.02.2021 PASSED BY THE 3RD RESPONDENT.
Exhibit P6 TRUE COPY OF THE PHOTOGRAPH SHOWING THE PROPERTY OF THE NATIONAL HIGHWAY AND THE PROPERTY OF THE PETITIONERS AND THE EARTH DEPOSITED IN THE PROPERTIES OF THE PETITIONERS.
Exhibit P7 TRUE COPY OF THE PHOTOGRAPH SHOWING THE PROPERTY OF THE NATIONAL HIGHWAY AND THE PROPERTY OF THE PETITIONERS AND THE EARTH DEPOSITED IN THE PROPERTIES OF THE PETITIONERS.
Exhibit P8 TRUE COPY OF THE PHOTOGRAPH SHOWING THE PROPERTY OF THE NATIONAL HIGHWAY AND THE PROPERTY OF THE PETITIONERS AND THE EARTH DEPOSITED IN THE PROPERTIES OF THE PETITIONERS.
Exhibit P9 TRUE COPY OF THE PHOTOGRAPH SHOWING THE PROPERTY OF THE NATIONAL HIGHWAY AND THE PROPERTY OF THE PETITIONERS AND THE EARTH DEPOSITED IN THE PROPERTIES OF THE PETITIONERS.
Exhibit P10 TRUE COPY OF THE PHOTOGRAPH SHOWING THE PROPERTY OF THE NATIONAL HIGHWAY AND THE PROPERTY OF THE PETITIONERS AND THE EARTH DEPOSITED IN THE PROPERTIES OF THE PETITIONERS.
W.P.(C).No.42139 of 2023 8Exhibit P11 TRUE COPY OF THE PHOTOGRAPH SHOWING THE PROPERTY OF THE NATIONAL HIGHWAY AND THE PROPERTY OF THE PETITIONERS AND THE EARTH DEPOSITED IN THE PROPERTIES OF THE PETITIONERS.
Exhibit P12 TRUE COPY OF THE PHOTOGRAPH SHOWING THE PROPERTY OF THE NATIONAL HIGHWAY AND THE PROPERTY OF THE PETITIONERS AND THE EARTH DEPOSITED IN THE PROPERTIES OF THE PETITIONERS.
Exhibit P13 TRUE COPY OF THE PHOTOGRAPH SHOWING THE PROPERTY OF THE NATIONAL HIGHWAY AND THE PROPERTY OF THE PETITIONERS AND THE EARTH DEPOSITED IN THE PROPERTIES OF THE PETITIONERS.
Exhibit P14 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT IN THE MONTH OF SEPTEMBER, 2023.
Exhibit P15 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT IN THE MONTH OF OCTOBER, 2023.
RESPONDENTS ANNEXURES Annexure C1 A true copy of the Work Memo submitted by the counsel for the petitioners RESPONDENT EXHIBITS Exhibit -R1(A) Exhibit-R1(A) - Sketch of the area under dispute PETITIONERS' EXHIBITS Exhibit P16 True copy of the order dated 24.01.2024 passed by the 1st respondent as directed by this Hon'ble Court on 20.12.2023.