Abdul Vahid vs State Of Kerala
2022 Latest Caselaw 1487 Ker

RP No.64/2022                               1/2

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                   THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
            Wednesday, the 2nd day of February 2022 / 13th Magha, 1943
                   RP NO. 64 OF 2022 IN WP(C) No.23673/2021(H)
   REVIEW PETITIONERS/PETITIONERS:

      1. ABDUL VAHID AGED 57 YEARS S/O ABDUL AZEES, AANIKKINATT VEEDU, ERUVA
         MURI, PATHIYOOR VILLAGE, KAYAMKULAM-690 502
      2. K.A ASURA BEEVI, AGED 57 YEARS W/O ABDUL VAHID, AANIKKINATT VEEDU,
         ERUVA MURI, PATHIYOOR VILLAGE, KAYAMKULAM-690 502

   RESPONDENTS/RESPONDENTS:

      1. STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY, REVENUE
         DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001
      2. THE NATIONAL HIGHWAY AUTHORITY OF INDIA, REP BY PROJECT DIRECTOR ,
         NATIONAL HIGHWAY AUTHORITY OF INDIA, TC-29/1539/1, RAJASREEKAIRALI,
         PERUMTHANNI, VALLAKKADAVU P.O.THIRUVANANHTAPUYRAM-695 008
      3. SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY, LAND ACQUISITION,
         NATIONAL HIGHWAY AUTHORITY OF INDIA, COLLECTORATE, ALAPPUZHA-688 001
      4. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD
         TRANSPORT & HIGHWAYS, NEW DELHI-110 001.


          Review Petition praying inter alia that in the circumstances stated
   in the affidavit filed along with the RP, the High Court be pleased to
   direct the 3rd respondent to undertake a full and impartial enquiry as to
   the actual nature and value of the properties to be acquired from the
   petitioners, in the light of 2021 (5) KHC 761 and Section 3G(7) of the
   National Highways Act, after affording adequate opportunity to the
   petitioners of being heard and to produce their documents and materials,
   notwithstanding the erroneous entries in the revenue records, wrongly
   recording the petitioner's lands as Nilam and that copies of such award,
   notes of award and the Mahazar prepared in connection with the acquisition
   of the petitioners lands shall be issued to them, without default, pending
   dispsoal of the above Review petition.

        This Review again Petition coming on for admission upon perusing the
   petition and the affidavit filed in support of RP and this court's
   judgment dated 18.11.2021 order dated 27-01-2022 and upon hearing the
   arguments of M/s. DINESH R.SHENOY,EBIN MATHEW, P.ROHIT PREMANANDAN SHENOY,
   Advocates for the Review Petitiioners/Petitioners in WP(C), GOVERNMENT
   PLEADER for R1 in RP/WP(C), SRI MATHEWS K PHILIP, STANDING COUNSEL for R2
   and R3 in RP/WP(C) and of ASSISTANT SOLICITOR GENERAL OF INDIA for R4 in
   RP/WP(C), the court passed the following:
 RP No.64/2022                                2/2




                                        ORDER

Smt.Sudha Devi seeks time to produce relevant records to show that

the Award has already been issued.

Post on 16-02-2022 a/w connected cases; until which time all further

action with respect to determination of compensation and issuance of Award

shall stand deferred.

Sd/- DEVAN RAMACHANDRAN, JUDGE

02-02-2022 /True Copy/ Assistant Registrar