Mujeeb.M,S/O.Late Mohammed ... vs Union Of India
2023 Latest Caselaw 8827 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
     MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                       WP(C) NO. 21236 OF 2023
PETITIONERS:

    1     MUJEEB.M,S/O.LATE MOHAMMED ISMAIL,
          AGED 48 YEARS,
          PTA PRESIDENT, MANJAPPARA VOCATIONAL SECONDARY SCHOOL,
          MANJAPPARA P.O., AYOOR, KOLLAM - 691 533, RESIDING AT
          MANNAM KADAKKAL HOUSE, CHUNDA, KOTTUKKAL,
          KOLLAM - 691 306.
    2     M.SHAMEER, S/O.LATE MUHAMMED HANEEFA,
          AGED 46 YEARS,
          PTA EXECUTIVE COMMITTEE MEMBER, MANJAPPARA VOCATIONAL
          SECONDARY SCHOOL, MANJAPPARA P.O.,AYOOR,
          KOLLAM - 691 533, RESIDING AT SHALIMAR MANZIL,
          MANJAPPARA P.O, KOTTUKKAL, KOLLAM - 691 533.
    3     SUNI.S., S/O.LATE IBRAHIM KUNJU,
          AGED 49 YEARS,
          SUNI MANZIL, MANJAPPARA P.O, KOTTUKKAL,
          KOLLAM - 691 533.
          BY ADVS.
          B.MOHANLAL
          ASWIN V. NAIR
          JAYAPRABHA ARJUN


RESPONDENTS:

    1     UNION OF INDIA,
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
          MINISTRY OF ROAD TRANSPORT AND NATIONAL HIGHWAYS,
          TRANSPORT BHAVAN-1, PARLIAMENT STREET,
          NEW DELHI - 110 001.

    2     STATE OF KERALA,
          REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
          REVENUE DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001.

    3     THE SPECIAL DEPUTY COLLECTOR (L.A),
          NATIONAL HIGHWAY-744, NATIONAL HIGHWAY AUTHORITY OF
          INDIA AND COMPETENT AUTHORITY (CALA), COLLECTORATE,
          CUTCHERY P.O., KOLLAM - 691 013.
 WP(C) NO. 21236 OF 2023
                                     2

    4          THE PROJECT DIRECTOR,
               NATIONAL HIGHWAY AUTHORITY OF INDIA AND
               COMPETENT AUTHORITY (CALA), PROJECT
               IMPLEMENTATION UNIT, TC 86/1036-1,
               AMBILY ARCADE, SNNRA-9, PETTAH,
               THIRUVANANTHAPURAM - 695 024.

    5          THE PROJECT HEAD,
               NATIONAL HIGHWAY-744, NATIONAL HIGHWAY AUTHORITY
               OF INDIA AND COMPETENT AUTHORITY (CALA), PROJECT
               IMPLEMENTATION UNIT, TC 36/414 (3), NEAR NSS
               HIGHER SECONDARY SCHOOL PALKULANGARA P.O.,
               THIRUVANANTHAPURAM - 695 024.

               BY ADV KRISHNA T C
               SRI.S.MANU,FOR NHAI
               SMT.DEEPA V, GP


        THIS     WRIT   PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION       ON   14.08.2023,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 21236 OF 2023
                                   3

                            JUDGMENT

This writ petition has been listed along with

W.P(C)Nos.6338/2023, 11425/2023 and 11936/2023. This writ

petition and the connected writ petitions relate to the acquisition of

land for the development of the proposed N.H.744 (Green Field

Highway-Aryankavu-Kadampattukonam) stretch. The petitioners

(in this writ petition) have challenged the identification of lands for

acquisition principally objecting to the proposed alignment and on

the ground that the present acquisition process will affect the

premises of the Manjappara V.H.S.S, Ayoor, Kollam. Petitioners 1

and 2 are stated to be the President and Executive Committee

member of the Parent Teacher Association of the aforesaid school

and the 3rd petitioner is stated to be a resident of Manjappara.

2. The learned Standing Counsel appearing for the

National Highways Authority of India has taken a preliminary

objection to the maintainability of this writ petition stating that the

petitioners are in no way aggrieved by the acquisition as no part of

the lands belonging to any of the petitioners are affected by the

proposed acquisition. It is also submitted that there is not even an

averment in the writ petition that the petitioners have filed this writ WP(C) NO. 21236 OF 2023

petition as authorized by the management of the aforesaid school.

3. Having heard the learned counsel appearing for the

petitioner and the learned Standing Counsel appearing for the

National Highways Authority of India, I am of the view that there is

considerable merit in the objection taken by the learned Standing

Counsel appearing for the National Highways Authority of India.

The petitioners cannot stated to be persons aggrieved for the

purpose of questioning the proposed alignment of the N.H.744

(Green Field Highway-Aryankavu-Kadampattukonam) stretch.

They appear to have no standing to challenge the same. At this

stage, the learned counsel for the petitioners would submit that

there is public interest involved in the matter as the alignment

proposed by the National Highways Authority of India would

involve acquisition of land and buildings at a much higher cost than

what would be required to be met if the alignment proposed by the

petitioners is accepted. He submits that the petition may be

dismissed as withdrawn leaving open all contentions and reserving

the liberty of the petitioners to file a fresh writ petition as a Public

Interest Litigation.

The petitioners are, therefore, permitted to withdraw this writ

petition, reserving the liberty of the petitioners to file a fresh writ WP(C) NO. 21236 OF 2023

petition as a Public Interest Litigation if they feel that the issue

projected by them involves public interest.

The writ petition is ordered accordingly.

Sd/-

GOPINATH P.

JUDGE DK WP(C) NO. 21236 OF 2023

APPENDIX OF WP(C) 21236/2023

PETITIONER EXHIBITS Exhibit-P1 THE TRUE COPY OF THE RELEVANT PAGES OF THE GAZETTE DATED 09-11-2022 ISSUED UNDER SECTION 3A OF THE NATIONAL HIGHWAYS ACT Exhibit-P2 THE TRUE COPY OF THE PROPOSED ALIGNMENT AND NEW ALIGNMENT OBTAINED BY THE PETITIONERS FROM THE GOOGLE Exhibit-P3 THE TRUE COPY OF THE OBJECTION DATED 05/12/2022 SUBMITTED BEFORE THE 3RD RESPONDENT Exhibit-P4 THE TRUE COPY OF THE ORDER NO:A1.7577(2)/2022 DATED 25/02/2022 ISSUED BY THE 3RD RESPONDENT Exhibit-P5 THE TRUE COPY OF THE APPLICATION DATED NIL SUBMITTED BY THE PEOPLE OF THE LOCALITY BEFORE THE RESPONDENTS Exhibit-P6 THE TRUE COPY OF THE APPLICATION DATED NIL SUBMITTED BY THE PEOPLE OF THE LOCALITY BEFORE THE SRI.N.K.PREMACHANDRAN, MEMBER OF THE LOK SABHA, KOLLAM PARLIAMENT CONSTITUENCY Exhibit-P7 THE TRUE COPY OF THE REPRESENTATION DATED NIL SUBMITTED BY THE PEOPLE OF THE MANJAPPARA AREA BEFORE THE RESPONDENTS Exhibit-P8 THE TRUE COPY OF THE REPRESENTATION DATED NIL SUBMITTED BY THE PEOPLE OF THE MANJAPPARA AREA BEFORE THE RESPONDENTS Exhibit-P9 THE TRUE COPY OF THE GOOGLE STREET VIEW OF THE APPROVED ALIGNMENT CLOSELY PASSING ABOUT 20 CM DISTANCE FROM THE SOUTH EAST CORNER OF THE SCHOOL BUILDING Exhibit-P10 THE TRUE COPY OF THE BASE LINE 2D VIEW OBTAINED FROM THE GOOGLE IN THE SCHOOL ZONE AREA Exhibit-P11 THE TRUE COPY OF THE GPS 2D VIEW BEFORE THE SCHOOL ZONE IN VARIOUS PORTIONS OF THE PROJECT WP(C) NO. 21236 OF 2023

Exhibit-P12 THE TRUE COPY OF THE GPS 2D VIEW AFTER THE SCHOOL ZONE IN VARIOUS PORTIONS OF THE PROJECT Exhibit-P13 THE TRUE COPY OF THE SHARP BENT CURVES OF THE EXISTING LINE OF THE PROJECT IN VARIOUS PARTS Exhibit-P13(a) THE TRUE COPY OF THE SHARP BENT CURVES OF THE EXISTING LINE OF THE PROJECT IN VARIOUS PARTS Exhibit-P13(b) THE TRUE COPY OF THE SHARP BENT CURVES OF THE EXISTING LINE OF THE PROJECT IN VARIOUS PARTS Exhibit-P13(c) THE TRUE COPY OF THE SHARP BENT CURVES OF THE EXISTING LINE OF THE PROJECT IN VARIOUS PARTS