Kerala High Court
K.P. Mohammed Raneez vs The Project Director on 11 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 42139 OF 2023
PETITIONERS:
1 K.P. MOHAMMED RANEEZ,AGED 30 YEARS,S/O. K.P. ABDUL
KHADER, RESIDING AT FAZEELA MANZIL, PALLIKARA N H,
NILESHWAR, NILESHWAR VILLAGE AND POST, HOSDURG TALUK.
NOW RESIDING AT NILESHWAR HOUSE, OPP. GOVT. COLLEGE,
VIDYANAGAR, KASARAGOD., PIN - 671121
2 N.A. RAHAMATH BEEVI,AGED 48 YEARS,W/O. K.P. ABDUL
KHADER, RESIDING AT FAZEELA MANZIL, PALLIKARA N H,
NILESHWAR, NILESHWAR VILLAGE AND POST, HOSDURG TALUK.
NOW RESIDING AT NILESHWAR HOUSE, OPP. GOVT. COLLEGE,
VIDYANAGAR, KASARAGOD., PIN - 671121
BY ADVS.
PUSHPARAJAN KODOTH
K.JAYESH MOHANKUMAR
VANDANA MENON
VIMAL VIJAY
RESPONDENTS:
1 THE PROJECT DIRECTOR,NATIONAL HIGHWAYS AUTHORITY OF
INDIA, H NO. XXIII/752, NEAR CSI CHURCH, MISSION
COMPOUND, MELACOVVA, KANNUR DISTRICT, KERALA., PIN -
670006
2 THE DISTRICT COLLECTOR,KASARAGOD & ARBITRATOR NATIONAL
HIGHWAY AUTHORITY OF INDIA, KASARAGOD., PIN - 671121
3 SPECIAL DEPUTY COLLECTOR,LAND ACQUISITION (NH),
KASARAGOD & COMPETENT AUTHORITY., PIN - 671121
4 THE SPECIAL TAHSILDAR,LAND ACQUISITION (NH), UNIT - 1,
KASARAGOD., PIN - 671121
BY ADV MATHEWS K.PHILIP KALAPPURACKAL PHILIPOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.42139 of 2023 2
VIJU ABRAHAM,J
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W.P.(C).No.42139 of 2023
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Dated this the 11th day of April, 2024
JUDGMENT
Petitioners have approached this Court seeking
the following reliefs:
i) issue a writ of mandamus or any other
appropriate order or direction, directing
the respondents 1,3 and 4 not to dump any
earth into the property of the petitioners
situate in R.S.No.203/2 and 203/1pt.1 of
Chengala Village forthwith;
ii) issue a writ of mandamus or any other
appropriate order or direction, directing
the respondents 1,3 and 4 not to proceed
with any construction in the land acquired
from the 1st petitioner without constructing
any retainer wall to the property acquired;
iii) issue a writ of mandamus or any other
appropriate order or direction, directing
the respondents 1,3 and 4 not to cause any
damages tio the property of the petitioners
situates in R.S.Nos.203/2 and 203/1pt of
Chengala Village by depositing earth into
the property of the petitioners;
iv) issue a writ of mandamus or any other
appropriate order or direction, directing
the respondents 1,3 and 4 to provide road
access into the property of the petitioners
from the National Highway;
v) issue a writ of mandamus or any other
appropriate order or direction, directing
the respondents 1,3 and 4 to pay
compensation to the petitioners for the
damages caused to the properties of the
petitioners situated in R.S.No.203/2 and
203/1pt.1 of Chengala Village;
vi) issue a writ of mandamus or any other
appropriate order or direction, directing
the 2nd respondent to consider Exhibits P14
and P15 at the earliest;
vii) grant such other relief as the Court
may deem fit and proper in the
circumstances of the case; and
viii) to dispense with the production of
English translation of vernacular language.
2. A counter affidavit has been filed by the 1st
respondent. Paragraph 6 of the counter affidavit
reads as follows:
"6.On 02.04.2024 when the case came up for
consideration before this Court, this Court
needs certain clarifications with regard the
implementation of the project at the disputed
site and the steps planned for the protection
of petitioners' property while implementing the
project. In response to that I humbly submits
that in order to avoid the spillage of soil
from the ROW of NHAI to the land of Mr.Raneez,
the following measures have already been taken
and many of them have been executed.
a. The soil accidentally spilled at the land
of Mr.Raneez has been removed completely near
Pier P16 to P18 (approximate Length 99.5 mtrs,
at Ch 57+200 to 57+300), except the soil
temporary filled within the ROW of NHAI for
the construction of Flyover span between P16
and P18. The same soil is anticipated by
Mr.Raneez to have slippage in rainy season
towards his land. However this temporarily
filled soil will be removed after construction
of Flyover span between P16 and P18 before
onset of Monsoon season ie; 20th May 2024.
Since at this stretch there is an elevated
Flyover, the construction of retaining wall.
Toe wall is not required. Sketch of the area
is produced herewith and marked as Ext.R1A.
b. The soil filled by Mr.Siddique
(approximate length 100 mtrs) adjoining to
Raneez's land is anticipated by Mr.Raneez to
have slippage in rainy season towards his
land. Mr.Siddique has assured for protection
of slippage by construction of Retaining
wall/Toe wall at the boundary between
Mr.Raneez's land and Mr.Siddique's land.
c. If the construction of Retaining
wall/Toe wall is not completed timely then
Protection work will be done by Megha
Engineering and Infrastructure Ltd., before
onset of Monsoon season ie, 20th May 2024."
The 1st respondent has narrated the steps taken to
remove the soil on the property of the petitioners
and regarding the construction of a retaining
wall. The 1st respondent would submit that
necessary steps in this regard will be taken on or
before 20th May, 2024. The learned counsel for the
petitioners would submit that, his client will be
satisfied if 1st respondent implement all the
undertaking given in paragraph 6 of the counter
affidavit. The learned counsel for the petitioners
would submit that damage has been caused to the
property by the action of the 1st respondent. If
it is for the petitioners to move the Arbitrator
under Section 3G(7) of the National Highway Act,
1956, by filing appropriate petition in this
regard which shall be duly considered by the said
authority in accordance with law.
In view of the directions issued, the writ
petition is disposed of.
sd/-
VIJU ABRAHAM,
JUDGE
pm
APPENDIX OF WP(C) 42139/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE DEED NO. 4565/1/2017
OF S.R.O., KASARAGOD DATED 27.11.2017.
Exhibit P2 TRUE COPY OF THE SALE DEED NO. 1815/2021
DATED 12.04.2021 OF S.R.O., KASARAGOD.
Exhibit P3 TRUE COPY OF THE SALE DEED NO. 1814/2021 OF
S.R.O., KASARAGOD DATED 12.04.2021.
Exhibit P4 TRUE COPY OF THE AWARD IN LAC 159/CHENGALA
DATED 09.02.2020 PASSED BY THE 3RD
RESPONDENT.
Exhibit P5 TRUE COPY OF THE AWARD IN LAC 160/CHENGALA
DATED 09.02.2021 PASSED BY THE 3RD
RESPONDENT.
Exhibit P6 TRUE COPY OF THE PHOTOGRAPH SHOWING THE
PROPERTY OF THE NATIONAL HIGHWAY AND THE
PROPERTY OF THE PETITIONERS AND THE EARTH
DEPOSITED IN THE PROPERTIES OF THE
PETITIONERS.
Exhibit P7 TRUE COPY OF THE PHOTOGRAPH SHOWING THE
PROPERTY OF THE NATIONAL HIGHWAY AND THE
PROPERTY OF THE PETITIONERS AND THE EARTH
DEPOSITED IN THE PROPERTIES OF THE
PETITIONERS.
Exhibit P8 TRUE COPY OF THE PHOTOGRAPH SHOWING THE
PROPERTY OF THE NATIONAL HIGHWAY AND THE
PROPERTY OF THE PETITIONERS AND THE EARTH
DEPOSITED IN THE PROPERTIES OF THE
PETITIONERS.
Exhibit P9 TRUE COPY OF THE PHOTOGRAPH SHOWING THE
PROPERTY OF THE NATIONAL HIGHWAY AND THE
PROPERTY OF THE PETITIONERS AND THE EARTH
DEPOSITED IN THE PROPERTIES OF THE
PETITIONERS.
Exhibit P10 TRUE COPY OF THE PHOTOGRAPH SHOWING THE
PROPERTY OF THE NATIONAL HIGHWAY AND THE
PROPERTY OF THE PETITIONERS AND THE EARTH
DEPOSITED IN THE PROPERTIES OF THE
PETITIONERS.
Exhibit P11 TRUE COPY OF THE PHOTOGRAPH SHOWING THE
PROPERTY OF THE NATIONAL HIGHWAY AND THE
PROPERTY OF THE PETITIONERS AND THE EARTH
DEPOSITED IN THE PROPERTIES OF THE
PETITIONERS.
Exhibit P12 TRUE COPY OF THE PHOTOGRAPH SHOWING THE
PROPERTY OF THE NATIONAL HIGHWAY AND THE
PROPERTY OF THE PETITIONERS AND THE EARTH
DEPOSITED IN THE PROPERTIES OF THE
PETITIONERS.
Exhibit P13 TRUE COPY OF THE PHOTOGRAPH SHOWING THE
PROPERTY OF THE NATIONAL HIGHWAY AND THE
PROPERTY OF THE PETITIONERS AND THE EARTH
DEPOSITED IN THE PROPERTIES OF THE
PETITIONERS.
Exhibit P14 TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONERS BEFORE THE 2ND RESPONDENT IN
THE MONTH OF SEPTEMBER, 2023.
Exhibit P15 TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONERS BEFORE THE 2ND RESPONDENT IN
THE MONTH OF OCTOBER, 2023.
RESPONDENTS ANNEXURES
Annexure C1 A true copy of the Work Memo submitted by
the counsel for the petitioners
RESPONDENT EXHIBITS
Exhibit -R1(A) Exhibit-R1(A) - Sketch of the area under
dispute
PETITIONERS' EXHIBITS
Exhibit P16 True copy of the order dated 24.01.2024
passed by the 1st respondent as directed by
this Hon'ble Court on 20.12.2023.
