N.K. Parameswaran vs The Union Of India
2021 Latest Caselaw 8396 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

          THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

 FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942

                   WP(C).No.5912 OF 2021(L)

PETITIONER:
              N.K. PARAMESWARAN, AGED 81 YEARS
              S/O. N.P KRISHNAMURTHY, RESIDING AT ARCHANA,
              POST PAYYOLI, KOYILANDY TALUK,
              KOZHIKODE DISTRICT 673 522

              BY ADVS.
              SRI.B.KRISHNAN
              SHRI.R.PARTHASARATHY
RESPONDENTS:
      1      THE UNION OF INDIA
             WITH ADDRESS FOR SERVICE MINISTRY OF ROAD
             TRANSPORT AND HIGHWAYS, DEPARTMENT OF ROAD
             TRANSPORT AND HIGHWAYS) NEW DELHI 110 001

      2       THE DEPUTY COLLECTOR AND COMPETENT AUTHORITY
              (LA)NH 17, KOZHIKODE 673 020

      3       THE NATIONAL HIGHWAY AUTHORITY OF INDIA,
              NEW DELHI 110 001

      4       THE DISTRICT COLLECTOR,
              KOZHIKODE 673 020

      5       THE STATE OF KERALA,
              REPRESENTED BY SECREETARY (L.A),
              THIRUVANANTHAPURAM 695 001

      6       THE PROJECT DIRECTOR NH 66 (OLD 17)
              PROJECT IMPLEMENTATION UNIT, 37/4-B, VYSHNAVAM,
              KOZHIKODE 673 001

              SMT A.C VIDHYA- GOVERNMENT PLEADER; SRI MATHEWS
              K PHILLIP - STANDING COUNSEL NHAI ; SRI P
              VIJAYAKUMAR -ASGI

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C)No.5912 of 2021

                                  2

                             JUDGMENT

The petitioner, who is a senior citizen aged 81 years, whose

property has been acquired for widening of the National Highway,

invoking the provisions under the National Highways Act, 1956,

has filed this writ petition under Article 226 of the Constitution of

India, seeking a writ of certiorari to quash Ext.P3 notice dated nil

issued by the 2nd respondent competent authority. The petitioner

has also sought for a writ of prohibition restraining the 2 nd

respondent from dispossessing the petitioner and demolishing the

residential building without providing 60 days time, i.e., time

upto 31.05.2021 as per the statutory prescription. The grievance

of the petitioner is that, though sub-section (1) of Section 3E of

the National Highways Act provides 60 days time to leave the

premises, the 2nd respondent competent authority reduced the

notice period to 15 days in Ext.P3.

2. Heard the learned counsel for the petitioner, the

learned ASGI for the 1st respondent, the learned Government

Pleader for respondents 2, 4 and 5 and also the learned Standing

Counsel for the National Highway Authority of India for WP(C)No.5912 of 2021

respondents 3 and 6.

3. The issue that arises for consideration in this writ

petition is as to whether the 2 nd respondent competent authority

is justified in limiting the notice period to 15 days in Ext.P3

notice, despite the specific requirement of sub-section (1) of

Section 3E of the National Highways Act.

4. Sub-section (1) of Section 3E of the Act deals with

power to take possession. As per sub-section (1) of Section 3E,

where any land has vested in the Central Government under sub-

section (2) of Section 3-D, and the amount determined by the

competent authority under Section 3-G with respect to such land

has been deposited under sub-section (1) of Section 3-H, with

the competent authority by the Central Government, the

competent authority may by notice in writing direct the owner as

well as any other person who may be in possession of such land

to surrender or deliver possession thereof to the competent

authority or any person duly authorised by it in this behalf within

sixty days of the service of the notice.

5. Therefore, while issuing Ext.P3 notice, the 2nd

respondent cannot reduce the notice period to 15 days contrary WP(C)No.5912 of 2021

to the requirements in sub-section (1) of Section 3E of the Act.

In such circumstances, this writ petition is disposed of by

setting aside Ext.P3 notice, to the above extent, and by providing

the petitioner 60 days' time from the date of receipt of Ext.P3

notice, i.e., till 31.05.2021 to give vacant possession.

Sd/-

ANIL K. NARENDRAN JUDGE

yd WP(C)No.5912 of 2021

APPENDIX PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT IN W.P(C) NO.

2679/2019 DATED 03-04-2019

EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN W.A 1456/2020 OF THE HON'BLE HIGH COURT DATED 15-12-2020

EXHIBIT P3 TRUE COPY OF THE NOTICE DATED NIL RECEIVED BY PETITIONER ON 25-2-2021

RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A. TO JUDGE