Kerala High Court
Geetha.S.R vs State Of Kerala on 24 September, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
2024:KER:71123
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 24TH DAY OF SEPTEMBER 2024 / 2ND ASWINA, 1946
WP(C) NO. 21115 OF 2024
PETITIONER/S:
1 WAHABUDDIN
AGED 74 YEARS
KIZHAKKE POLIMOOTTIL' RESIDING AT CHANDRAGAD
P.O., NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT -
695 561
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
MR.SHIBU CHANDRAN NAIR, S/O CHANDRAN NAIR,
RESIDING AT CHANDRAGIRI, VENKAVILLA, IRINCHAYAM
P.O, NEDUMANGAD, TRIVANDRAM DISTRICT,
PIN - 695561
2 AMIR.N.
AGED 71 YEARS
RESIDING AT ARF, EDAVA, EDAVA P.O, VARKALA TALUK,
THIRUVANANTHAPURAM DISTRICT, PIN:- 695311
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER MRS.
SHAFEEEKHA, D/O MUHAMMED KUNJU, RESIDING AT ARF,
EDAVA, EDAVA P.O., PIN - 695311
BY ADVS.
LIJU.V.STEPHEN
INDU SUSAN JACOB
ABHIJITH U.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2024:KER:71123
WP(C) NO.21115/2024&Conn.
2
2 THE DISTRICT COLLECTOR
CIVIL STATION, KUDAPPANAKUNNU P.O.,
THIRUVANANTHAPURAM, PIN - 695001
3 SOCIAL IMPACT ASSESSMENT UNIT
PLANET KERALA, T.C. 8/1378 (8) SREE BABA LINE,
VALIYAVILA, THIRUMALA.P.O, THIRUVANANTHAPURAM,
PIN - 695006
4 THE MANAGING DIRECTOR
ROADS AND BRIDGES DEVELOPMENT CORPORATION OF
KERALA LTD., 2ND FLOOR, PREETHI BUILDING, M.V.
ROAD, PALARIVATTOM, KOCHI, PIN - 682025
5 THE SPECIAL THAHASILDAR
L.A. GENERAL, THIRUVANANTHAPURAM,
PIN - 695001
6 KSCSTE-NATIONAL TRANSPORTATION PLANNING AND
RESEARCH CENTRE
(AN INSTITUTION OF KERALA STATE COUNCIL FOR
SCIENCE, TECHNOLOGY & ENVIRONMENT),
K. KARUNAKARAN TRANSPARK, AKKULAM, THURUVIKKAL
P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS
DIRECTOR, PIN - 695011
BY ADVS.
ASWIN V. NAIR(R3)
RESMITHA.R.CHANDRAN (SC)
DEEPA V, (GP)
RIJI RAJENDRAN, (SC, NATPAC)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 24.09.2024, ALONG WITH WP(C).19439/2024, 25197/2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:71123
WP(C) NO.21115/2024&Conn.
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 24TH DAY OF SEPTEMBER 2024 / 2ND ASWINA, 1946
WP(C) NO. 19439 OF 2024
PETITIONER/S:
1 GEETHA.S.R
AGED 60 YEARS
D/O. G. RAGHAVAN, RESIDING AT ROSE
GARDEN,VENKULAM, EDAVA.P.O., THIRUVANANTHAPURAM
DISTRICT . (SY.NOS. 240-3-1, 240-3, 240-2-3, 240-
16-1)., PIN - 695311
2 VENETIA RAJAN
AGED 64 YEARS
D/O. SAROJINI, AGED 64 YEARS, RESIDING AT PRAKASH
MANDIRAM, VENKULAM, EDAVA P.O, THIRUVANANTHAPURAM
DISTRICT, NOW AT BLOCK NO. 109#04-166, BISHAN
STREET-12, SINGAPORE -570109,
REPRESENTED BY HER POWER OF ATTORNEY HOLDER,
GEETHA.S.R., D/O. G. RAGHAVAN, RESIDING AT ROSE
GARDEN,VENKULAM, EDAVA.P.O., THIRUVANANTHAPURAM
DISTRICT. (SY.NOS. 240-2-3, 240-16), PIN - 695311
3 SHABEELA DILEEP
AGED 51 YEARS
W/O. DILEEP, DARUL HUSSAIN, EDAVA.P.O.,
THIRUVANANTHAPURAM DISTRICT, (SY.NO.233-9), PIN -
695311
4 N.KANAKANGI VAMADEVAN
AGED 68 YEARS
W/O. VAMADEVAN, PAYATTUVILA HOUSE, VENKULAM,
EDAVA.P.O., THIRUVANANTHAPURAM DISTRICT,
(SY.NO. 239-4), PIN - 695311
2024:KER:71123
WP(C) NO.21115/2024&Conn.
4
5 A.H. NIZAMUDDIN
AGED 75 YEARS
S/O ABDUL HAMEED, PUTHOORAM, EDAVA.P.O,
THIRUVANANTHAPURAM DISTRICT (SY.NO. 524-7),
PIN - 695311
6 A. JALALUDHEEN
AGED 68 YEARS
S/O. ABDUL SALAM, NOORJALAL RESIDENCY, EDAVA.P.O,
THIRUVANANTHAPURAM DISTRICT
(SY.NO. 233- 9-1), PIN - 695311
BY ADVS.
LIJU.V.STEPHEN
INDU SUSAN JACOB
ABHIJITH U.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR
CIVIL STATION, KUDAPPANAKUNNU P.O.,
THIRUVANANTHAPURAM, PIN - 695001
3 SOCIAL IMPACT ASSESSMENT UNIT
PLANET KERALA, T.C. 8-1378 (8) SREE BABA LINE,
VALIYAVILA, THIRUMALA.P.O., THIRUVANANTHAPURAM,
PIN - 695006
4 THE MANAGING DIRECTOR
ROADS AND BRIDGES DEVELOPMENT CORPORATION OF
KERALA LTD., 2ND FLOOR, PREETHI BUILDING, M.V.
ROAD, PALARIVATTOM, KOCHI, PIN - 682025
5 THE SPECIAL THAHASILDAR L.A GENERAL
THIRUVANANTHAPURAM, PIN - 695001
2024:KER:71123
WP(C) NO.21115/2024&Conn.
5
6 KSCSTE-NATIONAL TRANSPORTATION PLANNING AND
RESEARCH CENTRE
(AN INSTITUTION OF KERALA STATE COUNCIL FOR
SCIENCE, TECHNOLOGY & ENVIRONMENT), K.
KARUNAKARAN TRANSPARK, AKKULAM, THURUVIKKAL P.O.,
THIRUVANANTHAPURAM , REPRESENTED BY ITS DIRECTOR,
PIN - 695011
BY ADVS.
ASWIN V. NAIR
RESMITHA.R.CHANDRAN (SC)
RIJI RAJENDRAN (SC NATPAC)
DEEPA V (GP)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 24.09.2024, ALONG WITH WP(C).21115/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:71123
WP(C) NO.21115/2024&Conn.
6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 24TH DAY OF SEPTEMBER 2024 / 2ND ASWINA, 1946
WP(C) NO. 25197 OF 2024
PETITIONER/S:
FAZEELA HASHIM
AGED 63 YEARS
D/O ABDULSALAM, RESIDING AT HAYATH, EDAVA.P.O.,
EDAVA VILLAGE, THIRUVANANTHAPURAM DISTRICT
(SY.NOS.233/15, SUB DIVISION NO.31, AREA 6 ARE 60
SQM.), PIN - 695311
BY ADVS.
LIJU.V.STEPHEN
INDU SUSAN JACOB
TAJ K. TOM
ABHIJITH U.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR
CIVIL STATION, KUDAPPANAKUNNU P.O.,
THIRUVANANTHAPURAM, PIN - 695001
3 SOCIAL IMPACT ASSESSMENT UNIT
REPRESENTED BY ITS CHAIRMAN, RPLANET KERALA, T.C.
8/1378 (8) SREE BABA LINE, VALIYAVILA,
THIRUMALA.P.O., THIRUVANANTHAPURAM, PIN - 695006
2024:KER:71123
WP(C) NO.21115/2024&Conn.
7
4 THE MANAGING DIRECTOR
ROADS AND BRIDGES DEVELOPMENT CORPORATION OF
KERALA LTD, 2ND FLOOR, PREETHI BUILDING,
M.V. ROAD, PALARIVATTOM, KOCHI, PIN - 682025
5 THE SPECIAL THAHASILDAR L.A
GENERAL, THIRUVANANTHAPURAM, PIN - 695001
6 NATIONAL TRANSPORTATION PLANNING AND RESEARCH
CENTRE
(AN INSTITUTION OF KERALA STATE COUNCIL FOR
SCIENCE, TECHNOLOGY & ENVIRONMENT), K.
KARUNAKARAN TRANSPARK, AKKULAM, THURUVIKKAL P.O.,
THIRUVANANTHAPURAM, REPRESENTED BY ITS DIRECTOR,
PIN - 695011
BY ADVS.
ASWIN V. NAIR
RESMITHA.R.CHANDRAN (SC)
RIJI RAJENDRAN (SC NATPAC)
DEEPA V (GP)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 24.09.2024, ALONG WITH WP(C).21115/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:71123
WP(C) NO.21115/2024&Conn.
8
JUDGMENT
[WP(C) Nos.21115/2024, 25197/2024 & 19439/2024]
Dated this the 24th day of September, 2024
All the above three Writ Petitions have been filed
challenging the proceedings of the acquisition of land for
the construction of Railway Over Bridge at level crossing
No.555 at Edava, in Thiruvananthapuram District along
Paravur-Varkala road. In fact, this is a third round of
litigation, challenging the acquisition.
2. The petitioners are residents of Edava
village. When the acquisition proceedings were initiated,
the petitioners approached this Court by filing WP(C)
No.23560 of 2019, mainly with a prayer to quash Social
Impact Assessment Study Report, relating to the
acquisition of land for the construction of the above
mentioned Over Bridge. There was also a prayer in the
said Writ Petition to direct the respondents therein to
2024:KER:71123
WP(C) NO.21115/2024&Conn.
conduct a fresh Social Impact Assessment Study, after
serving notice to the petitioners and all the affected
persons in the locality. There was a further prayer to
conduct a fresh study regarding the feasibility of the
alternative routes suggested. The Writ Petition was
disposed of, as per Ext.P6 judgment, directing the 2 nd
respondent to take appropriate decision in the matter in
terms of Section 15(2) of the Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (for short, 'RFCTLARR Act, 2013'),
considering the objections given by the petitioners and
others. Thereafter the 2nd respondent passed Ext.P7 order
rejecting the contentions raised by the petitioners and
recommending to proceed with land acquisition.
Challenging Ext.P7 order, the petitioners and others
preferred WP(C) No.28008 of 2020, before this Court. The
main contention raised in that Writ Petition was that, while
conducting Social Impact Assessment Study, in terms of
Section 4 of the RFCTLARR Act, 2013, the feasibility of the
2024:KER:71123
WP(C) NO.21115/2024&Conn.
alternative route suggested was not considered. According
to the petitioners, the alternative route suggested by them,
is more feasible than the new proposal made. The
alternative route suggested was over the existing road. It
was pointed out that in the Social Impact Assessment
Study Report, the feasibility of the alternative route was
not considered at all. Taking note of the said contentions,
this court, in WP(C) No.28008 of 2020, passed an order on
25.02.2021, directing NATPAC to depute a suitable team of
efficient Scientists/Engineers having expertise in the
design and construction of roads and bridges to inspect
the proposed site for construction of the Railway Over
Bridge at level crossing No.555 at Edava along Paravur-
Varkala road and submit a report giving their opinion of
the feasibility of option Nos.1 and 2 alignments.
Accordingly, NATPAC conducted a feasibility study and
filed a detailed report. The NATPAC has given a specific
opinion regarding the proposed route as well as the
alternative route, which has been described as option
2024:KER:71123
WP(C) NO.21115/2024&Conn.
Nos.1 and 2 alignments. This Court finally disposed of
WP(C) No.28008 of 2020 as per Ext.P9 judgment, with a
direction to the 2nd respondent to consider Ext.P8 report of
the NATPAC and take a decision, after giving an
opportunity of hearing to the petitioners. Thereafter, the
2nd respondent passed Ext.R4(a), order, rejecting the
alternative proposal made by the petitioners. Consequent
to Ext.R4(a), the 2nd respondent passed Ext.P10 order
recommending to proceed with the land acquisition
proceedings. It is challenging Ext.P10, these Writ Petitions
have been filed.
3. I have heard the learned counsel for the
petitioners, Sri.Liju V. Stephen, the learned Government
Pleader, Smt.Deepa V and the learned Standing Counsel
for the 4th respondent, Smt.Resmitha R. Chandran.
4. The learned counsel for the petitioners
submitted that Ext.P10 was passed in violation of the
directions of this Court in Ext.P9 judgment and Ext.P8
study report of NATPAC. The learned counsel further
2024:KER:71123
WP(C) NO.21115/2024&Conn.
submitted that, since Ext.P10 has been passed without
complying the directions in Ext.P9 judgment and without
getting the Social Impact Assessment Study Report, as
suggested in Ext.P8, it is unsustainable and liable to be set
aside.
5. On the other hand, the learned Government
Pleader and the learned Standing counsel for the 4 th
respondent submitted that Ext.P8 study report contains all
the details regarding the original route as well as the
alternative route and Ext.P10 order has been passed, after
taking into consideration all the suggestions made in
Ext.P8 study report, with regard to both options and also
applying the directions in Ext.P9 judgment.
6. Section 4 of the RFCTLARR Act, 2013
deals with the preparation of the Social Impact Assessment
Study. Sub-section (4)(e) of Section 4 says that Social
Impact Assessment Study shall, amongst other matters,
include whether land acquisition at an alternate place has
been considered and found not feasible. Sub-rule (3)(d) of
2024:KER:71123
WP(C) NO.21115/2024&Conn.
Rule 7 of Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement (Social
Impact Assessment and Consent) Rules, 2014 (for short,
RFCTLARR Rules 2014') mandates that while conducting
Social Impact Assessment Study, possible alternative sites
for the project and their feasibility must be considered.
Thus, as rightly pointed out by the learned counsel for the
petitioners, while undertaking the Social Impact
Assessment Study, the feasibility of the alternative sites
suggested, must be taken note of. Ext.P3 is the Social
Impact Assessment Study Report. It is true that in the said
report, the feasibility of the alternative site was not taken
into consideration at all. However, this Court in WP(C)
No.19439 of 2024 deputed NATPAC to conduct the
feasibility study of the alternative route and accordingly,
NATPAC has submitted Ext.P8 study report. It was
thereafter, Ext. R4(a) and Ext.P10 orders were passed.
7. A reading of Ext.R4(a) order would show that
the District Collector has considered the suggestions made
2024:KER:71123
WP(C) NO.21115/2024&Conn.
by NATPAC in respect of both options, all contentions put
forth by the petitioners and found that option No.2
alignment is more feasible. The District Collector has
given valid reasons also for choosing option No.2
alignment, over option No.1 alignment, suggested by the
petitioners. The learned counsel for the petitioners relying
on the recommendations made by NATPAC in Ext.P8 that a
Social Impact Assessment Study has to be carried out
regarding both options submitted that the District
Collector ought not have opted option No.2 without
conducting a further Social Impact Assessment Study. I
cannot subscribe to the said submission. The NATPAC by
studying the pros and cons of both options, made certain
suggestions in Ext.P8 study report. The NATPAC has
suggested certain modifications for both options and
opined that both options should be studied in detail and
Social Impact Assessment Study shall also be conducted on
both the improved options.
2024:KER:71123
WP(C) NO.21115/2024&Conn.
8. It is pertinent to note that the challenge against
Ext.P3 is that it did not contain feasibility study of the
alternative route. The NATPAC was directed to conduct
feasibility study in respect of alternative route as well as
the proposed route. The NATPAC after conducting a
detailed study, furnished the relevant data regarding both
routes. They also submitted the advantages and
disadvantages of both options and made certain
recommendations. The direction in Ext.P9 judgment to the
2nd respondent was to consider the report of NATPAC and
to take a decision after hearing the petitioners. Ext.R4(a)
order reveals that the District Collector has taken into
account Ext.P8 study report, heard the petitioners and
compared the feasibility of option Nos.1 and 2 alignments
and came to the conclusion that option No.2 alignment is
more feasible than option No.1. The order enumerates
specific reasons for choosing option No.2 alignment and
rejecting the claim of the petitioners. A comprehensive
assessment, considering various aspects relating to land
2024:KER:71123
WP(C) NO.21115/2024&Conn.
acquisition, feasibility and social impact was conducted.
The petitioners cannot dictate the way the alignment is to
be fixed. It is settled that the Court can interfere with the
acquisition of land only in the rarest of rare cases where it
is found to be ex-facia contrary to the mandate of law or
tainted due to malafides [Union of India (UOI) v. Dr.
Kushala Shetty and Others (2011 KHC 821)]. The
petitioners failed to establish a violation of the mandate of
Act 2013 or any malafides on the part of the respondents.
These writ petitions fail, and accordingly, they are
dismissed.
Sd/-
Dr.KAUSER EDAPPAGATH
JUDGE
JJ
2024:KER:71123
WP(C) NO.21115/2024&Conn.
APPENDIX OF WP(C) 19439/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RELEVANT EXTRACT OF
THE BUDGET SPEECH (2014-2015) OF KERALA
GOVERNMENT DATED 24.1.2014
Exhibit P2 TRUE COPY OF THE ALIGNMENT FOR
CONSTRUCTION OF ROB OVER THE EXISTING
PWD ROAD PROPOSED BY THE ROADS AND
BRIDGES DEVELOPMENT CORPORATION OF
KERALA LTD.
Exhibit P3 TRUE COPY FINAL REPORT OF THE SOCIAL
IMPACT ASSESSMENT STUDY REPORT OF EDAVA
RAILWAY OVER BRIDGE DATED 26.4.2019
SUBMITTED BY THE 3RD RESPONDENT
Exhibit P4 TRUE COPY OF THE NOTIFICATION DATED
23.11.2019 UNDER RULE 18(1) ISSUED BY
THE 2ND RESPONDENT
Exhibit P5 TRUE COPY OF THE OBJECTION FILED BY THE
PETITIONERS AND OTHERS UNDER S.15(1) OF
THE RIGHT TO FAIR COMPENSATION AND
TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT ACT,
2013 TO THE 2ND RESPONDENT DATED
21.1.2020
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED
20.10.2020 IN WP©. NO. 23560/2019 OF
THE HON'BLE HIGH COURT OF KERALA,
ERNAKULAM
Exhibit P7 TRUE COPY OF THE ORDER NO. K3.49325/17
DATED 5.11.2020 ISSUED BY THE 2ND
RESPONDENT
2024:KER:71123
WP(C) NO.21115/2024&Conn.
Exhibit P8 TRUE COPY OF THE STUDY REPORT OF
KSCSTE-NATPAC NO. NATPAC/98/2021-GA
DATED 25-03-2021
Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 12-02-
2024 IN W.P.(C) NO. 28008/2020 OF THIS
HON'BLE COURT
Exhibit 10 TRUE COPY OF THE ORDER DATED 13-05-2024
ISSUED BY THE 2ND RESPONDENT
RESPONDENT EXHIBITS
Exhibit R2(a) True copy of the report of the RBDCK to
this respondent
Exhibit R2(b) True copy of the proceedings No.
K3/49325/17 dated 30-04-2024 of this
respondent
Exhibit-R3(a) The true copy of the GO (Ms) No.
94/2023/RD dated 30/04/2023 issued by
the 1st respondent
Exhibit-R3(b) The true Copy of the Notice No.
03/SIA/CK/2019 dated 07.02.2019
published by the chairman of the 3rd
Respondent
Exhibit-R3(c) The true copy of the news regarding the
Public Hearing in Mathrubhumi Daily
published on 09.02.2019
Exhibit R4(a) True copy of the e directions of WP( c)
28008/2020 order numbered K3.49325/2017
on 30.04.2024
Exhibit R4(b) True copy of the letter no
W352/I/CN/ER/LC573 Issued by Southern
Railway Kaniyapuram dated 20.09.2019
2024:KER:71123
WP(C) NO.21115/2024&Conn.
APPENDIX OF WP(C) 25197/2024
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE RELEVANT EXTRACT OF THE
BUDGET SPEECH (2014-2015) OF KERALA
GOVERNMENT DATED 24.1.2014
Exhibit P2 COPY OF THE ALIGNMENT FOR CONSTRUCTION
OF ROB OVER THE EXISTING PWD ROAD
PROPOSED BY THE ROADS AND BRIDGES
DEVELOPMENT CORPORATION OF KERALA LTD.
Exhibit P3 COPY FINAL REPORT OF THE SOCIAL IMPACT
ASSESSMENT STUDY REPORT OF EDAVA
RAILWAY OVER BRIDGE DATED 26.4.2019
SUBMITTED BY THE 3RD RESPONDENT
Exhibit P4 COPY OF THE NOTIFICATION DATED
23.11.2019 UNDER RULE 18(1) ISSUED BY
THE 2ND RESPONDENT
Exhibit P5 COPY OF THE OBJECTION FILED BY THE
PETITIONER AND OTHERS UNDER S.15(1) OF
THE RIGHT TO FAIR COMPENSATION AND
TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT ACT,
2013 TO THE 2ND RESPONDENT .DATED
21/1/2020
Exhibit P6 COPY OF THE JUDGMENT DATED 20.10.2020
IN WP©. NO. 23560/2019 OF THE HON'BLE
HIGH COURT OF KERALA, ERNAKULAM
Exhibit P7 COPY OF THE ORDER NO. K3.49325/17 DATED
5.11.2020 ISSUED BY THE 2ND RESPONDENT
Exhibit P8 COPY OF THE STUDY REPORT OF KSCSTE-
NATPAC NO. NATPAC/98/2021-GA DATED 25-
03-2021
Exhibit P9 COPY OF THE JUDGMENT DATED 12-02-2024
2024:KER:71123
WP(C) NO.21115/2024&Conn.
IN W.P.(C) NO. 28008/2020 OF THIS
HON'BLE COURT
Exhibit P10 COPY OF THE ORDER DATED 13-05-2024
ISSUED BY THE 2ND RESPONDENT
Exhibit P11 COPY OF THE GOVERNMENT ORDER NO. G.O.
(RT) NO.4311/2017/RD DATED 11/10/2017
Exhibit P12 COPY OF THE GAZETTE NOTIFICATION NO.
K3-49325/17 DATED 14/08/2018
RESPONDENT EXHIBITS
Exhibit-R3(a) The true copy of the GO (Ms) No.
94/2023/RD dated 30/04/2023 issued by
the 1st respondent
Exhibit-R3(b) The true Copy of the Notice No.
03/SIA/CK/2019 dated 07.02.2019
published by the chairman of the 3rd
Respondent
Exhibit-R3(c) The true copy of the news regarding the
Public Hearing in Mathrubhumi Daily
published on 09.02.2019
Exhibit R4 (a) True copy of the order numbered
K3.49325/2017 on 30.04.2024
Exhibit R4(b) True copy of the Southern Railway in
its letter no. W352/ICN/ER/LC573
Kaniyapuram dated 20.09.2019
2024:KER:71123
WP(C) NO.21115/2024&Conn.
APPENDIX OF WP(C) 21115/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE RELEVANT EXTRACT OF
THE BUDGET SPEECH (2014-2015) OF KERALA
GOVERNMENT DATED 24.1.2014
Exhibit P2 A TRUE COPY OF THE ALIGNMENT FOR
CONSTRUCTION OF ROB OVER THE EXISTING
PWD ROAD PROPOSED BY THE ROADS AND
BRIDGES DEVELOPMENT CORPORATION OF
KERALA LTD.
Exhibit P3 A TRUE COPY FINAL REPORT OF THE SOCIAL
IMPACT ASSESSMENT STUDY REPORT OF EDAVA
RAILWAY OVER BRIDGE DATED 26.4.2019
SUBMITTED BY THE 3RD RESPONDENT
Exhibit P4 A TRUE COPY OF THE NOTIFICATION DATED
23.11.2019 UNDER RULE 18(1) ISSUED BY
THE 2ND RESPONDENT
Exhibit P5 A TRUE COPY OF THE OBJECTION FILED BY
THE PETITIONERS AND OTHERS UNDER
S.15(1) OF THE RIGHT TO FAIR
COMPENSATION AND TRANSPARENCY IN LAND
ACQUISITION, REHABILITATION AND
RESETTLEMENT ACT, 2013 TO THE 2ND
RESPONDENT DATED 21.1.2020
Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED
20.10.2020 IN WP©. NO. 23560/2019 OF
THE HON'BLE HIGH COURT OF KERALA,
ERNAKULAM
Exhibit P7 A TRUE COPY OF THE ORDER NO.
K3.49325/17 DATED 5.11.2020 ISSUED BY
THE 2ND RESPONDENT
Exhibit P8 TRUE COPY OF THE STUDY REPORT OF
KSCSTE-NATPAC NO. NATPAC/98/2021-GA
2024:KER:71123
WP(C) NO.21115/2024&Conn.
DATED 25-03-2021
Exhibit P9 A TRUE COPY OF THE JUDGMENT DATED 12-
02-2024 IN W.P.(C) NO. 28008/2020 OF
THIS HON'BLE COURT
Exhibit P10 A TRUE COPY OF THE ORDER DATED 13-05-
2024 ISSUED BY THE 2ND RESPONDENT
Exhibit P11 A TRUE COPY OF THE GOVERNMENT ORDER NO.
G.O. (RT)NO.4311/217 DATED 11/10/2017
Exhibit P12 A TRUE COPY OF THE GAZETTE NOTIFICATION
NO. K.3-49325/17 DATED 14/08/2017
RESPONDENT EXHIBITS
EXHIBIT R2(a) TRUE COPY OF THE AFFIDAVIT SUBMITTED BY
THE SECOND PETITIONER
EXHIBIT R2(b) TRUE COPY OF THE REPORT OF THE RBDCK
EXHIBIT R2(c) TRUE COPY OF THE PROCEEDINGS No.
K3/49325/17 DATED 30.04.2024
Exhibit-R3(a) The true copy of the GO (Ms) No.
94/2023/RD dated 30/04/2023 issued by
the 1st respondent
Exhibit-R3(b) The true Copy of the Notice No.
03/SIA/CK/2019 dated 07.02.2019
published by the chairman of the 3rd
Respondent
Exhibit-R3(c) The true copy of the news regarding the
Public Hearing in Mathrubhumi Daily
published on 09.02.2019
Exhibit R4(a) True copy of the order numbered
K3.49325/2017 on 30.04.2024
Exhibit R4(b) True copy of the Southern railway in
its letter no W352/I/CN/ER/LC573
Kaniyapuram dated 20.09.2019
