Krishnamma vs National Highway Authority Of ...
2022 Latest Caselaw 9358 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
    WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
                       WP(C) NO. 21989 OF 2022
PETITIONER:

          KRISHNAMMA
          W/O KUTTAN NAIR, KAVITHAVIHAR,
          KALLADIPATTA, ONGALLOOR P.O.,
          PALAKKAD - 679313.

          BY ADVS.
          SRI.S.KRISHNAMOORTHY
          SMT.SNEHA ROSE
          SMT.P.S.ARUNA


RESPONDENTS:

    1     NATIONAL HIGHWAY AUTHORITY OF INDIA
          REP. BY DEPUTY GENERAL MANAGER CUM PROJECT DIRECTOR,
          NO.36/414(III), NEAR NSS HIGHER SECONDARY SCHOOL,
          PALKULANGARA, TRIVANDRUM- 695 024.

    2     THE DISTRICT COLLECTOR,
          COLLECTORATE, ALAPPUZHA-688001.

    3     DEPUTY COLLECTOR(SPL) LA(NH),
          COMPETENT AUTHORITY COLLECTORATE,
          ALAPPUZHA - 688001.

    4     SPECIAL TAHASILDAR,
          O/O.SPECIAL TAHASILDAR LA(NH),
          CHERTHALA-688524.

    5     VILLAGE OFFICER
          PATTANAKKAD VILLAGE, CHERTHALA,
          ALAPPUZHA-688531.

          BY ADVS.
          SRI.E.C.KURIAKOSE
          SRI.LEJO JOSEPH GEORGE
          SMT.C.S.SHEEJA, SR.GOVT.PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21989 OF 2022
                                    2



                              T.R. RAVI, J.
               --------------------------------------------
                      W. P. (C). No. 21989 of 2022
                --------------------------------------------
                Dated this the 10th day of August, 2022

                              JUDGMENT

Admit. Government Pleader takes notice for respondents 2 to

5. Standing counsel takes notice for the 1st respondent.

2. The grievance of the petitioner is that the respondents

are proposing to acquire properties which have not been notified. It

is submitted that as per the award, only an extent of 0.0041

Hectares, corresponding to 1.01 Cents, of land is seen to have been

acquired for which compensation is paid. The total extent of the

property of the petitioner is 2.372 Cents as per the alignment and

this would mean that an extent of 1.362 Cents is left out after

acquisition.

3. A statement has been filed by the 3rd respondent as

directed by this Court. As per the statement it is confirmed that

0.0041 Hectares of land alone has been notified for acquisition. It

is also admitted that marking of the survey stones would cover

0.0096 Hectares, corresponding 2.372 Cents, meaning that an

extent of 0.0055 Hectares is in excess than what is actually WP(C) NO. 21989 OF 2022

acquired. It is further stated that if the Requisitioning Authority

wants to acquire the additional extent, the same can be done only

after issuance of a fresh notification under Section 3A of the

National Highways Act. The statement filed by the 3 rd respondent is

recorded.

This writ petition is disposed of directing the respondents not

to take possession of the additional extent of 0.0055 Hectors of

land which has been marked by survey stones without following the

procedure for acquisition under the National Highways Act, like

issuance of notification proposing to acquire, and determining the

compensation.

Sd/-

T.R. RAVI JUDGE

Pn WP(C) NO. 21989 OF 2022

APPENDIX OF WP(C) 21989/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 2.6.2022 ISSUED BY THE 5TH RESPONDENT.

Exhibit P2 TRUE COPY OF THE PROCEEDINGS IN LAC NO.504/19/PATTANAKKAD/BL0/S.O.796/A2- 452/2021 DATED 7.12.2021.

Exhibit P3 TRUE COPY OF THE SKETCH PREPARED BY MR.K.S. MUKUNDAN NAIR, A RETIRED SURVEYOR.

Exhibit P4 TRUE COPY OF THE LETTER DATED 18.01.2022 ISSUED TO ONE MR.K.V.GEORGE BY THE 4TH RESPONDENT.