State Of Kerala Rep,By Secretary vs Smt.Mini. R
2022 Latest Caselaw 11611 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
       THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 20TH DAY OF DECEMBER 2022 / 29TH AGRAHAYANA,
                           1944
                    RP NO. 467 OF 2022
AGAINST THE JUDGMENT IN WP(C) 13984/2021 OF HIGH COURT OF
                          KERALA
REVIEW PETITIONERS/RESPONDENTS 2,3,6 &7:

   1     STATE OF KERALA, REPRESENTED BY SECRETARY
         PUBLIC WORKS DEPARTMENT
         THIRUVANANTHAPURAM, PIN - 695001
   2     PRINCIPAL SECRETARY
         REVENUE DEPARTMENT,
         SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
   3     SPECIAL DEPUTY COLLECTOR AND COMPETENT
         AUTHORITY,LAND ACQUISITION, NATIONAL HIGHWAY
         AUTHORITY OF COLLECTORATE ALAPPUZHA,
         PIN - 688001
   4     STATE OF KERALA, REPRESENTED BY ITS CHIEF
         SECRETARY
         GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
         PIN - 695001
         BY ADV GOVERNMENT PLEADER


RESPONDENTS/PETISIONER & RESPONDENTS 1,4 &5:

   1      SMT.MINI. R
          AGED 46 YEARS
          D/O. CHANDRASEKHARAN NAIR
          MOODAMPADIYIL, KAREELAKULANGARA P. O, ALAPPUZHA
          DISTRICT, PIN - 690572
   2      UNION OF INDIA, REP.BY SECRETARY
          MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, NEW
          DELHI, PIN - 110001
   3      NATIONAL HIGHWAY AUTHORITY OF INDIA
          G-586, SECTOR-10, DWARAKA, NEWDELHI, PIN -
          110075, REP.BY ITS CHAIRMAN
 RP No.467/22
                                  ..2..

    4       THE PROJECT DIRECTOR
            NATIONAL HIGHWAY AUTHORITY OF INDIA,
            TC-29/1539/1, RAJASREE KAIRALI, PERUMTHANNI,
            VALLAKKADAVU P.O, THIRUVANANTHAPURAM, PIN -
            695008


           SMT.SUDHA DEVI-SPL.GP


        THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
20.12.2022,    THE   COURT   ON    THE    SAME   DAY   DELIVERED   THE
FOLLOWING:
 RP No.467/22
                               ..3..




                            ORDER

When this matter was called today, the learned Special

Government Pleader - Smt.Sudha Devi, submitted that similar

issues have already been decided by this Court in the final

order in RP.No.359/2022.

2. I notice that the afore order was issued in a Petition

filed against the judgment in W.P.(C)No.3562/2021, which was

similar in almost all its attributes to the judgment now sought

to be reviewed.

In the afore circumstances, I deem it appropriate to

dispose of this Review Petition also, in terms of the afore said

order.

In such circumstances, I do not think, therefore, that a

review of the judgment is necessary, because the declarations

therein are purely in the realm of law, touching upon the

manner in which determination of the value of land/building

ought to be done under the 'NH Act'.

Needless to say, if an individual Award is now issued by

the Competent Authority for Land Acquisition on the RP No.467/22 ..4..

touchstone of the afore liberty, the petitioners can certainly

challenge it as per the provisions of Section 3G(5) of the 'NH

Act', including on the question as to the non-consideration of

the actual and physical attributes of the property on the date

of the notification; for which purpose all such contentions are

left open.

With the afore clarification this Review Petition is closed.

Sd/-

DEVAN RAMACHANDRAN, JUDGE

ACR