Kerala High Court
Moly Yohannan vs National Highways Authority Of ... on 12 August, 2021
W.P.(C)Nos.12126 & 12128 of 2021
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
WP(C) NO. 12128 OF 2021
PETITIONER/S:
1 MOLY YOHANNAN,AGED 52 YEARS,W/O.YOHANNAN,
MAANAKKUZHIYIL HOUSE, MARAYIKKAL, KANNAARA P.O.,
THRICHUR - 680 652.
2 SHAJAHAN,S/O.ABDUL RAHMAN, THEKKUMURI HOUSE,
MARUTHAKKODE, PAZHAMPALATHODU P.O., PALAKKAD - 678 544.
BY ADVS.
M.P.ASHOK KUMAR
BINDU SREEDHAR
ASIF N
RESPONDENT/S:
1 NATIONAL HIGHWAYS AUTHORITY OF INDIA - NHAI
REPRESENTED BY ITS PROJECT DIRECTOR, NATIONAL HIGHWAY
AUTHORITY OF INDIA, 310-A CHANDRA NAGAR, EXTENSION
CHANDRA NAGAR, PALAKKAD - 678 007.
2 THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF
INDIA, 310-A CHANDRA NAGAR, EXTENSION CHANDRA NAGAR,
PALAKKAD - 678 007.
BY ADVS.
NANAVATI MAULIK.G
SANTHOSH MATHEW
ARUN THOMAS
JENNIS STEPHEN
ANIL SEBASTIAN PULICKEL
OTHER PRESENT:
SRI.MAULIK NANAVATI, SC(NHAI)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.08.2021, ALONG WITH WP(C).12126/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)Nos.12126 & 12128 of 2021
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
WP(C) NO. 12126 OF 2021
PETITIONER/S:
SHAJI K, AGED 41 YEARS, MULANTHANODE HOUSE,
PARUVAASSERY, PALAKKAD -678 686.
BY ADVS.
M.P.ASHOK KUMAR
BINDU SREEDHAR
ASIF N
RESPONDENT/S:
1 NATIONAL HIGHWAY AUTHORITY OF INDIA, REPRESENTED BY ITS
PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA
PALAKKAD 310-A, CHANDRA NAGAR, EXTENSION CHANDRA NAGAR,
PALAKKAD - 678 007.
2 THE PROJECT DIRECTOR
NATIONAL HIGHWAY AUTHORITY OF INDIA PALAKKAD 310-A,
CHANDRA NAGAR, EXTENSION CHANDRA NAGAR, PALAKKAD - 678
007.
BY ADVS.
SANTHOSH MATHEW
NANAVATI MAULIK.G
ARUN THOMAS
JENNIS STEPHEN
ANIL SEBASTIAN PULICKEL
SRI.MAULIK NANAVATI, SC(NHAI)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.08.2021, ALONG WITH WP(C).12128/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)Nos.12126 & 12128 of 2021
3
P.V.KUNHIKRISHNAN, J
---------------------------------
W.P.(C)Nos.12126 & 12128 of 2021
---------------------------------
Dated this the 12th day of August 2021
JUDGMENT
These Writ Petitions are filed with almost same
prayers. The prayer in WP(C) No.12126 of 2021 is
extracted hereunder:
"i. Issue appropriate direction commanding the
respondents to construct the weigh-bridge near the
Panniyankara Toll Booth in the original site
identified and demarcated by the NH Authorities and
not to shift the same to the frontage of
petitioners building situated in Sy.No.439/33,
439/21, 439/34 of Vadakkencheri 1 Village, Alathur
Taluk, Palakkad.
ii. Issue appropriate writ or order prohibiting
the respondent from constructing a weighbridge just
in front of petitioners' property situated in
Sy.No.439/33, 439/21, 439/34 of Vadakkencheri 1
Village, Alathur Taluk, Palakkad.
iii. Declare that the National Highway Authority
can set up a Weigh Bridge near a Toll Booth only in
an open area with sufficient parking and waiting
space and also ensuring that no hindrance or
W.P.(C)Nos.12126 & 12128 of 2021
obstruction to the peaceful enjoyment and entry to
any private establishment is caused.
iv. Pass such other orders as this Hon'ble Court
may deem fit to grant in the circumstances of the
case".
2. The petitioner in WP(C) No.12126 of 2021 is
conducting an SSI Unit by the name and style
'Perfect Industries' engaged in the manufacturing of
fabricated metal products at building no.19/610 in
Vadakkencheri Village, Alathur Taluk, Palakkad.
3. The 1st petitioner's husband in WP(C)
No.12128 of 2021 was conducting a Bakery in his
building situated in Survey No.439/23 of Peechi
Village, Alathur Taluk, on the side of the National
Highway. His land and building was acquired by the
National Highway Authority of India for widening of
National Highway as four lane. Utilizing the
compensation amount and also by selling her gold
ornaments, it is stated that the 1st petitioner
purchased 5 cents of property facing the National
Highway in Vadakkencheri Village, Alathur Taluk. It
W.P.(C)Nos.12126 & 12128 of 2021
is stated that a commercial building is constructed
in that premises. The 1st petitioner leased out the
ground floor of the building to the 2 nd petitioner
for conducting a Hotel.
4. The grievance of the petitioners is that the
National Highway Authority of India is going to
construct a weigh-bridge and the proposed
construction is in front of the petitioners'
building and hence the ingress and egress to their
property is obstructed. The specific case of the
petitioners is that the proposal originally was to
construct the weigh-bridge near the toll plaza which
is 160 meters away from the petitioners' property.
The apprehension of the petitioners is that now the
proposal is shifted. It is submitted in this Writ
Petition that the proposal is now to construct the
weigh-bridge in front of the petitioners' property
in these two Writ Petitions. Therefore, these Writ
Petitions are filed.
5. Heard the learned counsel for the petitioners
W.P.(C)Nos.12126 & 12128 of 2021
and the learned Standing Counsel for the National
Highway Authority of India.
6. Learned Counsel for the petitioners
reiterated her contention in the Writ Petitions and
submitted that there was originally a proposal to
construct the weigh-bridge far away from the
petitioners' property and now there is a proposal
for shifting the same near to the property of the
petitioners and that will create lot of problems to
the petitioners, especially the ingress and egress
to the property of the petitioners from the National
Highway.
7. Learned Standing Counsel submitted that
apprehension of the petitioners is without any
basis. The learned Standing Counsel submitted that
there is only one proposal to construct weigh-bridge
and it is not in front of the petitioners' property.
It is far away from the petitioners' property. The
learned Standing Counsel takes me through the
counter affidavit filed by the National Highway
W.P.(C)Nos.12126 & 12128 of 2021
Authority of India in which it is stated that the
weigh-bridge is about 45 meters away from the
property of the petitioner in WP(C) No.12126 of 2021
and the weigh-bridge is about 20 meters away from
the property involved in WP(C) No.12128 of 2021.
Learned counsel submitted that in the light of the
above facts, the continuation of the Writ Petition
itself is not necessary.
8. After hearing both sides, I think the Writ
Petitions can be closed in the light of the counter
affidavit filed by the National Highway Authority of
India. Relevant portion of the affidavit filed by
the National Highway Authority of India in WP(C)
No.12126 of 2021 is extracted hereunder:
"I state and declare that there has been no
change, alteration or shifting in the location
of the Static Weigh Bridge to be constructed on
eastern side (Palakkad side) of the toll
plaza".
"14. I say that the location for installation
of Static Weigh Bridge has been identified and
marked in the design drawing by the consultant.
W.P.(C)Nos.12126 & 12128 of 2021
Such drawing has been approved by the 1st
respondent. The global positioning system
coordinates of the marked area are:
Starting point (closer to toll Lat N 10°35' 31.9236"
booths) Long E 76°27' 37.0584"
Ending pint (farther to toll Lat N10°35' 32.46"
booth) Long E 76°27' 38.1672"
It is not the case of petitioner that the
aforesaid location marked for construction of
the weigh bridge is inappropriate, unsuitable
or not as per the prescribed standards. The
petitioner does not possess expert knowledge on
the subject of highway construction so as to
comment upon the feasibility of the location.
That apart, the specific case of petitioner is
that the 1st respondent must construct the
Static Weigh Bridge at the location that has
been identified by consultant and approved by
the authority. I state that the Weigh bridge
will be constructed at the earmarked location.
There is and there will be no change or shift
or alteration in the location of the Static
Weigh Bridge from the spot marked in the layout
plan/design drawing prepared by the consultant.
15.I say that the area which has been
identified for construction of Static Weigh
bridge is an open area more than 100 meters
away from the toll booths and is wholly within
the land acquired by the Central Government
for the expansion of the national highway. In
W.P.(C)Nos.12126 & 12128 of 2021
fact, the earmarked location for constructing
the Static Weigh Bridge is about 20 meters
inside from the boundary of highway land, that
is the land acquired in accordance with law for
the highways.
16. The contention of petitioner that the
location of weigh bridge has been shifted, and
that such shifting is actuated by malice and
extraneous considerations is incorrect and
denied. The assertion of petitioner that the
weigh bridge is being shifted "to the frontage
of petitioner's residential and shop room
building" and that such shifting is being done
"only to obstruct the free ingress and egress
and also conduct of business and to obstruct
the earning of livelihood by the petitioner" is
absolutely baseless and devoid of any merit.
Similarly, the assertion that "shifting of the
weigh-bridge is intended to cause obstruction
to the free entry and parking of vehicle in
front of petitioner's building" and that "it
will also obstruct the fee ingress and egress
of the vehicles to the shop rooms situated on
the front of petitioners' residence" is
unfounded and unsupported by any cogent
material. I deny that location for construction
of weigh bridge has been intentionally shifted
so as to cause obstruction to the free entry
and parking in front of property of the
petitioner or to obstruct the free ingress and
egress to his property. I state that the
petitioner has no right over any land which is
W.P.(C)Nos.12126 & 12128 of 2021
not of his ownership or over any public land
except to the extent of conferment of right of
use by the relevant statute. I reiterate that
there has been no change or alteration in the
location of the Static Weigh Bridge from the
one provided in the design drawings of the
project. I further say that the spot where the
weigh bridge is going to be constructed is not
in front of the property of the petitioner, but
is about 45 meters away, towards the eastern
side, from his property. Additionally, as
stated hereinbefore, the construction is
proposed to be made on highway land, which is
owned by the government. (emphasis supplied)
9. Similarly in WP(C) No.12128 of 2021 a counter
affidavit is filed in which it is stated that:
17. The contention of petitioners that the
location of weigh bridge has been shifted, and
that such shifting is actuated by malice and
extraneous considerations is incorrect and
denied. The assertion of petitioners that the
weigh bridge is being shifted "to the frontage of
petitioners' residential and shop room building"
and that such shifting is being done "only to
obstruct the free ingress and egress and also
conduct of business and to obstruct the earning
of livelihood by the petitioners" is absolutely
baseless and devoid of any merit. Similarly, the
assertion that "shifting of the weighbridge is
intended to cause obstruction to the free entry
W.P.(C)Nos.12126 & 12128 of 2021
and parking of vehicle in front of petitioners'
building" and that "it will also obstruct the
free ingress and egress of the vehicles to the
shop rooms situated on the front of petitioners'
residence" is unfounded and unsupported by any
cogent material. I deny that location for
construction of weigh bridge has been
intentionally shifted so as to cause obstruction
to the free entry and parking in front of
property of the petitioners or to obstruct the
free ingress and egress to his property. I state
that petitioners have no right over any land
which is not of his ownership or over any public
land except to the extent of conferment of right
of use by the relevant statute. I reiterate that
there has been no change or alteration in the
location of the Static Weigh Bridge from the one
provided in the design drawings of the project. I
further say that the spot where the weigh bridge
is going to constructed is not in front of the
property of the petitioners, but is about 20
meters away, towards the eastern side, from his
property. Additionally, as stated hereinbefore,
the construction is proposed to be made on
highway land, which is owned by the Government.
(emphasis supplied)
10. In the light of the above affidavit filed by the
National Highway Authority of India, according to
me, the grievance of the petitioners are redressed.
No further directions are necessary. Therefore,
W.P.(C)Nos.12126 & 12128 of 2021
recording the affidavit filed by the National
Highway Authority of India these Writ Petitions are
closed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
rkc
W.P.(C)Nos.12126 & 12128 of 2021
APPENDIX OF WP(C) 12126/2021
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE LICENSE GRANTED BY THE
DISTRICT INDUSTRIES CENTRE PALAKKAD DT.
06/02/2015.
Exhibit P2 TRUE COPY OF THE PANCHAYATH LICENSE DT.
01/04/2021.
Exhibit P3 THE PHOTOGRAPH SHOWING THE SITE OF THE
WEIGHBRIDGE AND THE PILLAR ALREADY
CONSTRUCTED BY THE NH AUTHORITY.
Exhibit P4 TRUE COPY OF THE PHOTOGRAPH SHOWING THE SSI
UNIT OF THE PETITIONER.
Exhibit P5 TRUE COPY OF THE OBJECTION DT. 03/06/2021
FILED BY THE PETITIONER BEFORE THE 1ST
RESPONDENT.
W.P.(C)Nos.12126 & 12128 of 2021
APPENDIX OF WP(C) 12128/2021
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF NOTICE IN NO.LAC 1312/09
DT.12.4.10 ISSUED BY THE SPECIAL DEPUTY
COLLECTOR
Exhibit P2(A) TRUE COPY OF THE OWNERSHIP CERTIFICATE
ISSUED BY THE VADAKKENCHERI GRAMA PANCHAYATH
WITH RESPECT TO ROOM NUMBER 778 DT.19.6.2020
Exhibit P2(B) TRUE COPY OF THE OWNERSHIP CERTIFICATE
ISSUED BY TEH VADAKKENCHERI GRAMA PANCHAYATH
WITH RESPECT TO ROOM NO,779 DT.19.6.2020
Exhibit P2(C) TRUE COPY OF TEH OWNERSHIP CERTIFICATE
ISSUED BY THE VADAKKENCHERI GRAMA PANCHAYATH
WITH RESPECT TO ROOM NO.780 DT.19.6.2020
Exhibit P2(D) TRUE COPY OF THE OWNERSHIP CERTIFICATE
ISSUED BY THE VADAKKENCHERI GRAMA PANCHAYATH
WITH RESPECT TO ROOM NO.781 DT.19.6.2020
EXT.P2(E) TRUE COPY OF TH OWNERSHIP CERTIFICATE ISSUED
BY THE VADAKKENCHERI GRAMA PANCHAYATH WITH
RESPECT TO ROOM NO.782 DT.19.6.2020
EXT.R2F TRUE COPY OF THE OWNERSHIP CERTIFICATE
ISSUED BY TEH VADAKKENCHERI GRAMA PANCHAYATH
WITH RESPECT TO ROOM NO.783 DT.19.6.2020
EXT.P3 THE PHOTOGRAPH SHOWING THE SITE OF TEH
WEIGHBRIDGE AND THE PILLARS ALREADY
CONSTRUCTED BY THE NG AUTHORITY
EXT.P4 THE PHOTOGRAPH SHOWING THE EXACT LYE OF THE
HOTEL BUILDING OF THE 2ND PETITIONER
