Advocate. C.R. Sivakumar vs The Union Of India
2021 Latest Caselaw 2535 Ker

WP(C).No.39736 OF 2017(S)        -1-




              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

                                   &

              THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

      FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942

                       WP(C).No.39736 OF 2017(S)


PETITIONER/S:

                ADVOCATE. C.R. SIVAKUMAR
                CRS ASSOCIATES, NEAR CITY BANK, PADMA JUNCTION,
                M.G.ROAD, ERNAKULAM, KOCHI-682035.

                BY ADV. SRI.P.K.VIJAYAMOHANAN

RESPONDENT/S:

       1        THE UNION OF INDIA
                REPRESENTED BY THE SECRETARY TO GOVERNMENT OF
                INDIA, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, 1ST
                PARLIAMENT STREET, CHANAKYAPURI, NEW DELHI-110001.

       2        NATIONAL HIGHWAY AUTHORITY OF INDIA
                REPRESENTED BY ITS REGIONAL DIRECTOR, REGIONAL
                OFFICE, THIRUVANANTHAPURAM, TC 36/574-1, KRISHNA
                KRIPA, PALKULANGARA JUNCTION, VALLAKKADAVU POST,
                THIRUVANANTHAPURAM-695008.

       3        THE STATE OF KERALA
                REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF
                KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695003.

       4        THE CHIEF ENGINEER
                P.W.D. ROADS & BRIDGES, PUBLIC OFFICE BUILDING,
                MUSEUM P.O., THIRUVANANTHAPURAM-695033.
 WP(C).No.39736 OF 2017(S)       -2-




               SRI.P.VIJAYAKUMAR, ASG FOR R1
               SRI. BIDAN CHANDRAN, SC FOR R2,
               SRI.K.V.SOHAN, STATE ATTORNEY FOR R3 AND R4

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.39736 OF 2017(S)              -3-




                              JUDGMENT

Dated this the 22nd day of January, 2021 S. Manikumar, C. J.

Petitioner, Mr. C. R. Sivakumar, a practicing Advocate, has

sought for a direction to the respondents to report before this Court,

the time required for completion of Kollam and Alappuzha bypasses,

which according to him, commenced in 1972 and 1969, respectively.

2. That apart, petitioner has sought for a mandamus, directing

the Chief Secretary, Government of Kerala, Government Secretariat,

Thiruvananthapuram, 3rd respondent, to expedite the acquisition of

land, for widening of the National Highway 66, from Kottappuram to

Edappally, on a war footing.

3. Petitioner has also sought for a direction to the Chief

Secretary, Government of Kerala, Government Secretariat,

Thiruvananthapuram, 3rd respondent and the Chief Engineer, P. W. D.

Roads & Bridges, Public Office Building, Thiruvananthapuram,

respondent No. 4, to look into the issues raised in paragraphs 10 and

11 of the statement of facts and grounds D, H and I of the grounds of

the writ petition.

4. Petitioner has further sought for a mandamus, to provide for

a system to monitor the progress of the work connected with the

construction of Kollam and Alappuzha bypasses and widening of the

National Highway 66, from Kottappuram to Edappally.

5. Short facts leading to the filing of writ petition are as

hereunder:-

According to the petitioner, instant writ petition has been filed in

the interest of the general public using the National Highway 66, to

redress the grievance faced by the poor and marginalized public,

unable to approach this Court, on account of the delay in completing

the construction and commissioning of Kollam and Alappuzha

bypasses and the reach of National Highway 66 from Kottappuram to

Edappally. Petitioner has submitted that, even after more than four

decades, ever since the commencement of the construction of the

bypasses at Kollam and Alappuzha, according to the State Minister for

P.W.D. in the review meeting held on 01.09.2015, that the construction

of 69% of Kollam bypass and 70% of Alappuzha bypass were over

and it is expected to be commissioned by May, 2018, however, in

reality, the construction work is in stagnation, on account of

unavailability of gravel and M Sand. Petitioner has further submitted

that, unless and until there is an external agency like this Court to

monitor the construction of the bypasses and the above reach of the

National Highway, the present generation may not be in a position to

use the above.

Therefore, praying for a direction commanding the concerned

respondent authorities to speed up the construction of the bypasses

and widening of the narrow stretch of the National Highway between

Kottappuram and Edappaly, instant Public Interest Litigation is filed.

6. National Highways Authority of India, 2 nd respondent, has

filed a counter affidavit, contending inter alia, the steps taken under

the National Highways Act, 1956, impediment in acquisition of the

land by the Government, consequently the delay, alignment proposed

and restructuring, and submitted that an IAS officer has been

specifically appointed, for monitoring the implementation of National

Highway projects in Kerala. National highway Authority of India has

further submitted that, due to the delay in acquisition of land by the

State Government, project conceived, i.e. National Highway No. 66

between Kollam and Alappuzha, could not be completed within time.

That apart, widening of National Highways No. 66 between

Kottappuram and Edappally, has also taken up.

7. On this day, when the matter came up for further hearing,

Mr. K. V. Sohan, learned State Attorney, submitted that though the

Government of Kerala have agreed to provide land for completion of

Kollam and Alappuzha bypasses construction, as well as for widening

of National Highway from Kottappuram to Edappally, writ petitions

have been filed against the acquisition proceedings and thus, there

was delay.

8. Mr. Bidan Chandran, learned counsel for the National

Highways Authority of India, submitted that insofar as the

constructions relating to Kollam and Alappuzha bypasses are

concerned, they are completed, former had already been opened and

Alappuzha bypass is being inaugurated on 28.01.2021. Insofar as

acquisition of land for widening of National Highway 66 from

Kottappuram to Edappally is concerned, acquisition proceedings are

under progress, and except in few stretches, there is no difficulty.

Learned counsel for the National Highways Authority of India further

submitted that though both NHAI, as well as Government, took efforts

to clear the said objections, in respect of construction of the abovesaid

National Highway 66 from Kottappuram to Edappally, some writ

petitions are still pending. NHAI, as well as Government, are taking

adequate steps to clear the said objections, both locally and legally.

Insofar as prayer No. 3 is concerned, no directions can be issued

to the Government, as it is only a pleading in the writ petition.

In the light of the above, writ petition is dismissed.

Sd/-

S. MANIKUMAR CHIEF JUSTICE

Sd/-

SHAJI P. CHALY JUDGE

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P. A. TO JUDGE