Kerala High Court
Union Of India vs Ummu Habeeba on 18 February, 2025
2025:KER:13666
W.A.Nos.718, 719, 735, 763, 779, 883,
1156, 1192/2024 & 82/2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
TUESDAY, THE 18TH DAY OF FEBRUARY 2025 / 29TH MAGHA, 1946
WA NO. 718 OF 2024
AGAINST THE JUDGMENT DATED 21.03.2024 IN WP(C)
NO.8939 OF 2021 OF HIGH COURT OF KERALA
APPELLANT/4th RESPONDENT:
THE PROJECT DIRECTOR
NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI),
KOZHIKODE DISTRICT, PIN- 673 529 IMPLEADED AS
ADDL.R4 AS PER ORDER DATED 23.04.2021 IN
I.A.02/2021 IN WP(C) 8939/2021 N.
BY ADVS.
P.MOHANDAS (ERNAKULAM)
K.SUDHINKUMAR
SABU PULLAN
GOKUL D. SUDHAKARAN
R.BHASKARA KRISHNAN
BHARATH MOHAN
K.P.SATHEESAN (SR.)
2025:KER:13666
W.A.Nos.718, 719, 735, 763, 779, 883,
1156, 1192/2024 & 82/2025
2
RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 3:
1 PARAYIL PREMALATHA
AGED 52 YEARS
W/O. P.CHANDRAN, SAYOOJYAM, VILAYANCODE, (VIA)
MANDOOR, KANNUR DISTRICT-670 501., PIN - 670501
2 DISTRICT COLLECTOR
COLLECTORATE, KANNUR DISTRICT, PIN-670 002.
3 SPECIAL DEPUTY COLLECTOR (LAND ACQUISITION)
NATIONAL HIGHWAY AUTHORITY OF INDIA, KANNUR,
TALIPARAMBA AND COMPETENT AUDHOTITY, TALIPARAMBA,
KANNUR DISTRICT, PIN-670 141.
4 SPECIAL TAHSILDAR
LAND ACQUISITION, (NATIONAL HIGHWAY AUTHORITY OF
INDIA), UNIT2, TALIPARAMBA, KANNUR DISTRICT,
PIN-670 141.
BY ADV V N RAMESAN NAMBISAN
SMT. N.SUDHA DEVI SPL.G.P.
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 04.02.2025,
ALONG WITH W.A.Nos.719, 735, 763, 779, 883, 1156, 1192/2024 &
82/2025, THE COURT ON 18.02.2025 DELIVERED THE FOLLOWING:
2025:KER:13666
W.A.Nos.718, 719, 735, 763, 779, 883,
1156, 1192/2024 & 82/2025
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
TUESDAY, THE 18TH DAY OF FEBRUARY 2025 / 29TH MAGHA, 1946
WA NO. 719 OF 2024
AGAINST THE JUDGMENT DATED 21.03.2024 IN WP(C)
NO.34845 OF 2022 OF HIGH COURT OF KERALA
APPELLANT/1st RESPONDENT:
NATIONAL HIGHWAY AUTHORITY OF INDIA
REPRESENTED BY ITS PROJECT DIRECTOR, PROJECT
IMPLEMENTATION UNIT, VII/511B NEYTHELI-
MAVELIPURAM ROAD, MAVELIPURAM, KAKKANAD.P.O,
ERNAKULAM-682030.
BY ADVS.
P.MOHANDAS (ERNAKULAM)
K.SUDHINKUMAR
SABU PULLAN
GOKUL D. SUDHAKARAN
R.BHASKARA KRISHNAN
BHARATH MOHAN
K.P.SATHEESAN (SR.)
2025:KER:13666
W.A.Nos.718, 719, 735, 763, 779, 883,
1156, 1192/2024 & 82/2025
4
RESPONDENTS/PETITIONER & RESPONDENTS 2 & 3:
1 SULFATH O A
AGED 55 YEARS
W/O ABDULLAKUTTY, RESIDING AT THOTTUPARAMBATH,
VAZHIYAMBALAM, KAIPAMANGALAM, KOORIKUZHI,
THRISSUR, PIN - 680681
2 THE COMPETENT ARBITRATOR
DISTRICT COLLECTOR, 1ST FLOOR, CIVIL STATION,
KALYAN NAGAR, AYYANTHOLE, THRISSUR, PIN - 680003
3 COMPETENT AUTHORITY FOR LAND ACQUISITON SPECIAL
DEPUTY COLLECTOR
NH-17, KUTTIPPURAM-EDAPPALLY, KODUNGALLOOR,
THRISSUR, PIN - 680003
BY SRI.V.N.HARIDAS,
SRI.SAIFUDEEN T.S,
SMT.PARVATHY S.R
OTHER PRESENT:
SMT SUDHA DEVI, SPL.GP
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
04.02.2025, ALONG WITH W.A.Nos.718, 735, 763, 779, 883, 1156,
1192/2024 & 82/2025, THE COURT ON 18.02.2025 DELIVERED THE
FOLLOWING:
2025:KER:13666
W.A.Nos.718, 719, 735, 763, 779, 883,
1156, 1192/2024 & 82/2025
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
TUESDAY, THE 18TH DAY OF FEBRUARY 2025 / 29TH MAGHA, 1946
WA NO. 735 OF 2024
AGAINST THE JUDGMENT DATED 21.03.2024 IN WP(C)
NO.41889 OF 2022 OF HIGH COURT OF KERALA
APPELLANT/1st RESPONDENT:
THE NATIONAL HIGHWAY AUTHORITY
REPRESENTED BY ITS PROJECT DIRECTOR,
N.H DIVISION, BEACH ROAD, KOLLAM, PIN - 691006
BY ADVS.
P.MOHANDAS (ERNAKULAM)
K.SUDHINKUMAR
SABU PULLAN
GOKUL D. SUDHAKARAN
R.BHASKARA KRISHNAN
BHARATH MOHAN
K.P.SATHEESAN (SR.)
2025:KER:13666
W.A.Nos.718, 719, 735, 763, 779, 883,
1156, 1192/2024 & 82/2025
6
RESPONDENTS/PETITIONER, RESPONDENTS 2 & 3:
1 VARGHESE THOMAS
AGED 66 YEARS
S/O LATE. K. THOMAS, THEKKEKOIPPURATHU VEEDU,
CHATHANNOOR, KOLLAM, PIN - 691572
2 THE DISTRICT COLLECTOR
COLLECTORATE, CIVIL STATION ROAD, KAANKATHU
MUKKU, KOLLAM, PIN - 691013
3 THE SPECIAL DEPUTY COLLECTOR (LAND ACQUISITION)
NATIONAL HIGHWAY AND COMPETENT AUTHORITY, KOLLAM,
PIN - 691013
SMT SUDHA DEVI, SPL.GP
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
04.02.2025, ALONG WITH W.A.Nos.718, 719, 763, 779, 883, 1156,
1192/2024 & 82/2025, THE COURT ON 18.02.2025 DELIVERED THE
FOLLOWING:
2025:KER:13666
W.A.Nos.718, 719, 735, 763, 779, 883,
1156, 1192/2024 & 82/2025
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
TUESDAY, THE 18TH DAY OF FEBRUARY 2025 / 29TH MAGHA, 1946
WA NO. 763 OF 2024
AGAINST THE JUDGMENT DATED 21.03.2024 IN WP(C)
NO.7775 OF 2021 OF HIGH COURT OF KERALA
APPELLANT/1st RESPONDENT:
THE NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI)
REPRESENTED BY THE PROJECT DIRECTOR, NHAI,
KOZHIKODE NH PIU OFFICE, BLD. NO. 34/743-B,
VAISHNAVAS, BEHIND POPULAR MARUTHI SHOW ROOM,
CIVIL STATION, P.O. KOZHIKODE 673 020.
BY ADVS.
P.MOHANDAS (ERNAKULAM)
K.SUDHINKUMAR
SABU PULLAN
GOKUL D. SUDHAKARAN
R.BHASKARA KRISHNAN
BHARATH MOHAN
K.P.SATHEESAN (SR.)
2025:KER:13666
W.A.Nos.718, 719, 735, 763, 779, 883,
1156, 1192/2024 & 82/2025
8
RESPONDENTS/PETITIONER & RESPONDENTS 2, 3 & 4:
1 K.RAVEENDRAN
AGED 60 YEARS
S/O. KELAPPAN, AMBADI HOUSE, PERUMALPURAM, OPP
PAYYOLI GOVT HIGH SCHOOL, TIKKODI VILLAGE,
KOYILANDY TALUK, KOZHIKODE DISTRICT 673 529.
2 THE SPECIAL DEPUTY COLLECTOR, LA-NH 66,
COMPETENT, AUTHORITY NHAI, KOZHIKODE CIVIL
STATION, KOZHIKODE 673 020.
3 SPECIAL TAHSILDAR (LA NH 66),
KOYILANDY TALUK OFFICE, OPP. STATE BANK OF INDIA,
KOYILANDY P.O. KOZHIKODE 673 305.
4 DISTRICT COLLECTOR,
KOZHIKODE, CIVIL STATION, KOZHIKODE 673 020.
SMT.LAYA MARY JOSEPH
SMT.SUDHA DEVI, SPL.G.P.
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 04.02.2025,
ALONG WITH W.A.Nos.718, 719, 735, 779, 883, 1156, 1192/2024 &
82/2025, THE COURT ON 18.02.2025 DELIVERED THE FOLLOWING:
2025:KER:13666
W.A.Nos.718, 719, 735, 763, 779, 883,
1156, 1192/2024 & 82/2025
9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
TUESDAY, THE 18TH DAY OF FEBRUARY 2025 / 29TH MAGHA, 1946
WA NO. 779 OF 2024
AGAINST THE JUDGMENT DATED 21.03.2024 IN WP(C)
NO.5944 OF 2021 OF HIGH COURT OF KERALA
APPELLANT/1st RESPONDENT:
NATIONAL HIGHWAYS AUTHORITY OF INDIA
9MINISTRY OF ROAD TRANSPORT AND HIGHWAYS) OFFICE
OF THE PROJECT DIRECTOR, NHA1, PROJECT
IMPLEMENTATION UNIT, REPRESENTED BY PROJECT
DIRECTOR, 34/743-B, VAISHNAVAM, CIVIL STATION
P.O, KOZHIKODE 673 020.
BY ADVS.
P.MOHANDAS (ERNAKULAM)
K.SUDHINKUMAR
SABU PULLAN
GOKUL D. SUDHAKARAN
R.BHASKARA KRISHNAN
BHARATH MOHAN
K.P.SATHEESAN (SR.)
2025:KER:13666
W.A.Nos.718, 719, 735, 763, 779, 883,
1156, 1192/2024 & 82/2025
10
RESPONDENTS/PETITIONER & RESPONDENTS 2 & 3:
1 SUDHEER KUMAR V.V.
AGED 50 YEARS
S/O. LATE ACHUTHAN VYDIER, VALIYA VALAPPIL HOUSE,
P.O NUT STREET, VATAKARA TALUK, KOZHIKODE
DISTRICT 673 104.
2 THE SPECIAL DEPUTY COLLECTOR LA(NH) AND CALA,
KOZHIKODE 673 020.
3 THE SPECIAL TAHSILDAR (L.A)
NHAI, VATAKARA, KOZHIKODE 673 020.
BY ADVS.
B.KRISHNAN
R.PARTHASARATHY(K/151/1996)
SMT.SUDHA DEVI -SPL.G.P.
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 04.02.2025,
ALONG WITH W.A.Nos.718, 719, 735, 763, 883, 1156, 1192/2024 &
82/2025, THE COURT ON 18.02.2025 DELIVERED THE FOLLOWING:
2025:KER:13666
W.A.Nos.718, 719, 735, 763, 779, 883,
1156, 1192/2024 & 82/2025
11
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
TUESDAY, THE 18TH DAY OF FEBRUARY 2025 / 29TH MAGHA, 1946
WA NO. 883 OF 2024
AGAINST THE JUDGMENT DATED 21.03.2024 IN WP(C)
NO.29886 OF 2022 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS 1 TO 5:
1 UNION OF INDIA
REP. BY SECRETARY, MINISTRY OF ROAD TRANSPORT &
HIGHWAYS, GOVERNMENT OF INDIA, CENTRAL DELHI
P.O., NEW DELHI-110001.
2 DIRECTOR GENERAL (ROAD DEVELOPMENT) & SPECIAL
SECRETARY,
ROOM NO.213, MINISTRY OF ROAD TRANSPORT &
HIGHWAYS, TRANSPORT BHAVAN, 1, PARLIAMENT STREET,
CENTRAL DELHI P.O., NEW DELHI-110001.
3 PROJECT DIRECTOR,
NATIONAL HIGHWAYS AUTHORITY OF INDIA (HEAD
OFFICE), DWARAKA SECTOR 10, SOUTH WEST DELHI
P.O., NEW DELHI-110075.
4 CHAIRMAN,
NHAI, G-5 & 6, SECTOR-10, DWARAKA, SOUTH WEST
DELHI P.O., NEW DELHI-110075., PIN - 110075
2025:KER:13666
W.A.Nos.718, 719, 735, 763, 779, 883,
1156, 1192/2024 & 82/2025
12
5 THE PROJECT DIRECTOR,
NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT
IMPLEMENTATION UNIT- KOCHI, VII/511 B, NEITHELI
-MAVELIPURAM ROAD, MAVELIPURAM, KAKKANAD, KERALA
682030., PIN - 682030
BY ADV SHRI.T.C.KRISHNA, SCGC
RESPONDENTS/PETITIONER & RESPONDENTS 6, 7 & 8:
1 UMMU HABEEBA
AGED 30 YEARS
W/O SAINUDHEEN K.P, KODALAM PATTATH HOUSE,
KOORADA, AYANKALAM P.O., TAVANUR, PONNANI,
MALAPPURAM-679573.
2 STATE OF KERALA,
REP. BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM P.O.,
PIN - 695 001.
3 THE SPECIAL DEPUTY COLLECTOR AND COMPETENT
AUTHORITY,
OFFICE OF DEPUTY COLLECTOR, LAND ACQUISITION
(NH17) VALAKKULAM P.O., KOZHICHENA, MALAPPURAM -
676 508.
4 DISTRICT COLLECTOR
MALAPPURAM, UP HILL, CIVIL STATION P.O.,
MALAPPURAM- 676505.
BY ADV SATHISAN .P
SMT.N.SUDHA DEVI - SPL.G.P.
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 04.02.2025,
ALONG WITH W.A.Nos.718, 719, 735, 763, 779, 1156, 1192/2024 &
82/2025, THE COURT ON 18.02.2025 DELIVERED THE FOLLOWING:
2025:KER:13666
W.A.Nos.718, 719, 735, 763, 779, 883,
1156, 1192/2024 & 82/2025
13
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
TUESDAY, THE 18TH DAY OF FEBRUARY 2025 / 29TH MAGHA, 1946
WA NO. 1156 OF 2024
AGAINST THE JUDGMENT DATED 21.03.2024 IN WP(C)
NO.38168 OF 2022 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS 1 TO 4 & 7:
1 UNION OF INDIA
REPRESENTED BY SECRETARY, MINISTRY OF ROAD
TRANSPORT AND HIGHWAYS, GOVERNMENT OF INDIA,
CENTRAL DELHI P.O, NEW DELHI, PIN - 110001
2 DIRECTOR GENERAL ( ROAD DEVELOPMENT) AND SPECIAL
SECRETARY
ROOM NO. 213, MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS, TRANSPORT BHAVAN-1, PARLIAMENT STREET,
CENTRAL DELHI P.O, NEW DELHI, PIN - 110001
3 PROJECT DIRECTOR,
NATIONAL HIGHWAYS AUTHORITY OF INDIA (HEAD
OFFICE), DWARAKA SECTOR 10, SOUTH WEST DELHI P.O,
NEW DELHI, PIN - 110001
4 CHAIRMAN,
NHAI, (NATIONAL HIGHWAY AUTHORITY OF INDIA), G-5
AND 6, SECTOR -10, DWARAKA, SOUTH WEST DELHI P.O,
NEW DELHI-, PIN - 673009
2025:KER:13666
W.A.Nos.718, 719, 735, 763, 779, 883,
1156, 1192/2024 & 82/2025
14
5 PROJECT DIRECTOR,
NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT
IMPLEMENTATION UNIT, KOZHIKODE, LOTUS (H),
34/1487 A, PROVIDENCE WOMEN COLLEGE ROAD,
MALAPARAMBA P.O, KOZHIKODE, PIN - 673009
BY ADV SHRI.T.C.KRISHNA, SCGC
RESPONDENTS/PETITIONERS & RESPONDENTS 5, 6, 8 & 9:
1 RAMESAN.K.K
AGED 55 YEARS
S/O.KUNCHAKKAN, KANDAM KULANGARA HOUSE, P.O.
PUTHUPPANAM, VATAKARA, KOZHIKODE DISTRICT, PIN -
673105
2 THE DISTRICT COLLECTOR,
KOZHIKIODE DISTRICT, P.O. CIVIL STATION,
KOZHIKODE,, PIN - 673020
3 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, PUBLIC WORKS
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM P.O,,
PIN - 695001
4 SPECIAL DEPUTY COLLECTOR,
LAND ACQUISITION (NH) & CALA, COLLECTORATE, CIVIL
STATION P.O, ERANHIPALAM, KOZHIKODE, PIN - 673020
5 SPECIAL TAHSILDAR (LA(NH),
VATAKARA MINI CIVIL STATION, COURT ROAD, VATAKARA
P.O, KOZHIKODE-, PIN - 673101
BY ADV ZUBAIR PULIKKOOL
SMT. SUDHA DEVI - SPL.G.P.
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 04.02.2025,
ALONG WITH W.A.Nos.718, 719, 735, 763, 779, 883, 1192/2024 &
82/2025, THE COURT ON 18.02.2025 DELIVERED THE FOLLOWING:
2025:KER:13666
W.A.Nos.718, 719, 735, 763, 779, 883,
1156, 1192/2024 & 82/2025
15
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
TUESDAY, THE 18TH DAY OF FEBRUARY 2025 / 29TH MAGHA, 1946
WA NO. 1192 OF 2024
AGAINST THE JUDGMENT DATED 21.03.2024 IN WP(C)
NO.39952 OF 2022 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS 1 TO 5:
1 UNION OF INDIA
REP. BY SECRETARY, MINISTRY OF ROAD TRANSPORT &
HIGHWAYS, GOVERNMENT OF INDIA, CENTRAL DELHI
P.O., NEW DELHI-110001.
2 DIRECTOR GENERAL (ROAD DEVELOPMENT) & SPECIAL
SECRETARY,
ROOM NO.213, MINISTRY OF ROAD TRANSPORT &
HIGHWAYS, TRANSPORT BHAVAN, 1, PARLIAMENT STREET,
CENTRAL DELHI P.O., NEW DELHI-110001.
3 PROJECT DIRECTOR,
NATIONAL HIGHWAYS AUTHORITY OF INDIA (HEAD
OFFICE), DWARAKA SECTOR 10, SOUTH WEST DELHI
P.O., NEW DELHI-110075.
4 CHAIRMAN,
NHAI, G-5 & 6, SECTOR-10,DWARAKA, SOUTH WEST
DELHI P.O., NEW DELHI-110075.
2025:KER:13666
W.A.Nos.718, 719, 735, 763, 779, 883,
1156, 1192/2024 & 82/2025
16
5 THE PROJECT DIRECTOR
NATIONAL HIGHWAYS AUTHORITY OF INDIA PROJECT
IMPLEMENTATION UNIT KOCHI, VII/511 B, NEITHELI
-MAVELIPURAM ROAD, MAVELIPURAM, KAKKANAD,
KERALA -682030.
BY ADV SHRI.T.C.KRISHNA, SCGC
RESPONDENTS/PETITIONER & RESPONDENTS 6 TO 9:
1 AJI MON
AGED 39 YEARS
S/O.ABOOBAKER KUTTI, PADANILATH PUTHEN VEEDU
HOUSE, KAYAMKULAM P.O., KOTTUKULANGARA,
ALAPPUZHA-690502., PIN - 690502
2 STATE OF KERALA,
REP. BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM P.O.,
PIN - 695 001.
3 SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY,
LAND ACQUISITION, NHAI, COLLECTORATE, ALAPPUZHA
COLLECTORATE P.O., PIN-688001.
4 DISTRICT COLLECTOR,
ALAPPUZHA, BESIDE ZILLA PACHAYATH OFFICE, CIVIL
STATION WARD P.O., ALAPPUZHA-688001.
5 ASSISTANT EXECUTIVE ENGINEER,
PWD NH SUB-DIVISION, ALAPPUZHA P.O-690514.
SRI.P.SATHISAN - FOR R1
SRI.V.TEKCHAND - SR.G.P. - R2 TO R4
SMT.SUDHA DEVI - SPL.G.P. - R2 TO R4
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
04.02.2025, ALONG WITH W.A.Nos.718, 719, 735, 763, 779, 883,
1156/2024 & 82/2025, THE COURT ON 18.02.2025 DELIVERED THE
FOLLOWING:
2025:KER:13666
W.A.Nos.718, 719, 735, 763, 779, 883,
1156, 1192/2024 & 82/2025
17
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
TUESDAY, THE 18TH DAY OF FEBRUARY 2025 / 29TH MAGHA, 1946
WA NO. 82 OF 2025
AGAINST THE JUDGMENT DATED 21.03.2024 IN WP(C)
NO.14056 OF 2022 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS 1 TO 4 & 6:
1 UNION OF INDIA
REPRESENTED BY SECRETARY, MINISTRY OF ROAD
TRANSPORT & HIGHWAYS, GOVERNMENT OF INDIA,
CENTRAL DELHI.P.O, NEW DELHI-110 001.
2 DIRECTOR GENERAL (ROAD DEVELOPMENT)
SPECIAL SECRETARY,ROOM NO. 213, MINISTRY OF ROAD
TRANSPORT & HIGHWAYS, TRANSPORT BHAVAN, I,
P[ARLIAMENT STREET, CENTRAL DELHI.P.O, NEW DELHI-
110001.
3 PROJECT DIRECTOR,
NATIONAL HIGHWAYS, AUTHORITY OF INDIA (HEAD
OFFICE), DWAEAKA SECTOR 10, SOUTH WESTDELHI.P.O,
NEW DELHI-110075.
4 CHAIRMAN
NH AI, G-5 & 6, SECTOR-10, DWARAKA, SOUTH WEST
2025:KER:13666
W.A.Nos.718, 719, 735, 763, 779, 883,
1156, 1192/2024 & 82/2025
18
DELHI.P.O, NEW DELHI-110075.
5 PROJECT DIRECTOR, NHAI,
THE PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY
OF INDIA, PROJECT IMPLEMENTATION UNIT-KOCHI,
VII/511,NEYTHELI-MAVELIPURAM ROAD, KAKKANAD.P.O,
ERNAKULAM-682 030, PIN - 682030
BY ADVS.
SHRI.T.C.KRISHNA, SCGC
MATHEWS K.PHILIP
RESPONDENTS/PETITIONERS & RESPONDENTS 5, 7 & 8:
1 ABDUL GAFOOR
AGED 52 YEARS
S/O BAPPUMUSLIYAR.T.V.,VATTAMPARAMBIL HOUSE,
EDAKKAZHIYUR.P.O, THRISSUR-680 515.
2 KALATHINGAL USMAN
AGED 70 YEARS
S/O M.P. EANU, KALATHINGAL HOUSE, PUNNAYUR KULAM,
ANDATHODE.P.O,THRISSUR-679 564.
3 ASHRAF@ SAINUDHEEN,
AGED 40 YEARS
S/O BAPPUMUSLIYAR.T.V.,VATTAMPARAMBIL HOUSE,
PUNNAYUR,AGALAD .P.O, THRISSUR-680 518
4 FIROZ.P.K
AGED 51 YEARS
S/O R.O.BEERAN, PUTHIYAVEETIL KARAYIL HOUSE,
ORUMANAYUR.P.O,CHAVAKKAD, THRISSUR-680 512
5 P.D.PREMLAL
2025:KER:13666
W.A.Nos.718, 719, 735, 763, 779, 883,
1156, 1192/2024 & 82/2025
19
AGED 67 YEARS
S/O.DAMODARAN, PULIPARAMBIL HOUSE,
TALIKKULAM.P.O, THRISSUR-680 569.
6 ASIYA,
AGED 42 YEARS
C/O ASHIK , MOOTHEDATH HOUSE, AKALAD.P.O,
PUNNAYUR, THRISSUR-680 518
7 FATHIMA ALI
AGED 63 YEARS
C/O ALI PALAKKAL,PALAKKAL HOUSE,
EDAKKAZHIYUR.P.O, THRISSUR-680 515.
8 ELLATHAKAYIL SHAJITHA,
AGED 45 YEARS
W/O SHAJAHAN, ELLATHAKAYIL HOUSE,
EDAKAZHIYUR.P.O, THRISSUR-680 515.
9 SHAHEEN SULEMAN,
AGED 31 YEARS
C/O E.P.SULEMAN, ELAYADATH PUTHEN VEETIL AKALAD,
PUNNAYUR.P.O,THRISSUR,KERALA-680 518.
10 V.ABOO
AGED 64 YEARS
S/O MAMUNNI, VETTILAKATH, VELIANCODE SOUTH,
VELIANCODE P.O., MALAPPURAM -679579.
11 V.T.NABEESU
AGED 71 YEARS
W/O MOIDUNNI HAJI, VALIYAKATH THAIVALAPPIL HOUSE,
NEAR SUBRAMUYA TEMPLE, ORUMANAYUR P.O., THRISSUR
-680512.
12 PAUL.M.S
AGED 67 YEARS
MADUMPAL, PORKULAM P.O, THRISSUR-680 542
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W.A.Nos.718, 719, 735, 763, 779, 883,
1156, 1192/2024 & 82/2025
20
13 FAISAL,
AGED 41 YEARS
S/O MUHAMMEDUNNI ELAYADATH, PUTHENVEETIL HOUSE
AKALAD, PUNNAYUR, AGALAD.P.O, THRISSUR KERALA-680
518.
14 SALIL.N.V.
AGED 48 YEARS
CHARUTHA, MANATHALA, CHAVAKKAD.P.O, THRISSUR
KERALA-680 506.
15 STATE OF KERALA
REP.BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT ,
SECRETARIAT, THIRUVNANTHAPURAM.P.O PIN-695 001,
PIN - 695001
16 SPECIAL DEPUTY COLLECTOR (LA) NH & COMPETENT
AUTHORITY,
OFFICE OF NH 17, (KUTTIPURAM-EDAPPALLY),
KODUNGALLOR.P.O, THRISSUR-680 664.
17 DISTRICT COLLECTOR,
THRISSUR, COLLECTORATE, CIVIL STATION,
AYYANTHOLE .P.O, THRISSUR-680 003.
BY ADVS.
MATHEWS K.PHILIP
SATHISAN .P
SHIBU B.S(K/001060/2021)
BIJU P.PAUL(K/000648/2022)
JAVED HAIDER(K/001709/2018)
ABHIRAM SUNISH(K/001195/2022)
AKSHARA RAJU(K/4111/2023)
SMT.SUDHA DEVI - SPL.G.P.
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
04.02.2025, ALONG WITH W.A.Nos.718, 719, 735, 763, 779, 883,
1156 & 1192/2024, THE COURT ON 18.02.2025 DELIVERED THE
FOLLOWING:
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1156, 1192/2024 & 82/2025
21
NITIN JAMDAR, C.J.
&
S.MANU, J.
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W.A.Nos.718, 719, 735, 763, 779, 883, 1156, 1192 of 2024
& 82 of 2025
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Dated this the 18th day of February, 2025
JUDGMENT
S.MANU, J.
National Highway Authority of India (NHAI) has filed these
appeals aggrieved by the common judgment of the learned Single
Judge dated 21 March 2023 in W.P.(C)No.8939 of 2021 and
connected cases. These appeals were heard in an elaborate manner on
28 October 2024 and a detailed interim order was passed. We affirm
the observations and conclusions in the said interim order. For brevity
and also for the reason that there is consensus among the parties
regarding the conclusions in the order dated 28 October 2024, only
some essential aspects dealt with in the said order are referred and
reiterated in this judgment.
2. The major apprehension raised by the NHAI during the hearing
of these appeals was that the impugned judgment has laid down that
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1156, 1192/2024 & 82/2025
Section 94 of the Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act, 2013 shall
apply to all land acquisitions for the NHAI. This was found to be a
mistaken understanding and after a comprehensive reading of the
impugned judgment we had noted in the order dated 20 October
2024 that the learned Single Judge has in fact observed that there is no
real compulsion on the State to acquire the unacquired part of the
property and it is up to the Government to decide as to whether that
portion should also be acquired as the liability to compensate cannot be
denied. The direction issued by the learned Single Judge actually gives
options to acquire the remaining portion of the property or to
compensate the parties for the loss suffered by them due to the
severance of the unacquired portion from the acquired portion. We
reproduce hereunder the directions issued by the learned Single Judge:-
"(a) There will be a direction to the competent among the
respondents to consider the request of the
petitioners in all these writ petitions, for acquisition
of the entire building/land and either compensate
the petitioners for the loss suffered by them due to
the severance of the unacquired portion from the
acquired portion or acquire the entire portion and
pay compensation for the same as the case may be,
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1156, 1192/2024 & 82/2025
as provided for in Sections 26 to 28 and Schedules I
to III of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013, read with Section 3-
G(7) of the National Highways Act, 1956. While
considering the above request, the respondents shall
have due regard to the findings that have been
rendered above on the applicability of Section 94
read with Section 28 of the 2013 Act. The above
directions shall be irrespective of whether
proceedings are pending before the Competent
Authority or the Arbitrator appointed by the
Central Government.
(b) The respondents may complete the proceedings
already initiated for acquisition in accordance with
the law laid down by the Hon'ble Supreme Court in
P.Nagaraju (supra), and the directions contained in
(a) above will not affect the said process.
(c) The directions contained in (a) shall be completed
within four months from the date of receipt of a
copy of this judgment."
3. As it was noted in the interim order dated 28 October 2024, in
view of the judgment of the Hon'ble Supreme Court in National
Highway Authority of India v. P.Nagaraju and another 1 , Section 28 of
the Act of 2013 will have to be made applicable for determining
1[(2022) 15 SCC 1]
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1156, 1192/2024 & 82/2025
compensation/damages notwithstanding Section 3-G(7)(a) of the Act
of 1956.
4. The Counsel appearing for the Appellant, National Highway
Authority in various appeals, the learned Special Government Pleader
and also the learned counsel appearing for the party Respondents,
generally agreed with the conclusions in the interim order dated 28
October 2024. There was consensus among the counsel regarding the
fact that the adequacy of the compensation is a matter to be decided in
statutory arbitration and it cannot be agitated in writ proceedings. The
learned counsel appearing for the party Respondents, however,
contended that the awards passed by the competent authorities in
respective cases did not include the element of compensation for the
unacquired portion of the land. They further contended that the
required appraisal was also not done. This was denied by the learned
Special Government Pleader, who submitted that proper assessments
were done in all cases. The respective counsel appearing for the NHAI
asserted that those amounts were also calculated and paid by the
competent authority to the claimants. Taking note of this dispute, we
observed that, in order to ensure that the rights of the claimants were
not denied, the authority concerned in each case shall place before us
2025:KER:13666
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1156, 1192/2024 & 82/2025
the bifurcation as regards the amount of compensation for the acquired
portion and the compensation paid as per the criteria laid down in
Section 3-G(7) of the Act of 1956 read with Section 28 of the Act of
2013. Separate affidavits were thereafter filed in all appeals. The
following table shows the relevant aspects stated in the affidavits filed
in each case -
W.A.No. Name of the Particulars Amount paid for Amount paid
Claimant of property the acquired for the
acquired portion including unacquired
all statutory portion
benefits
718/2024 Parayil 0.0231 Ha Land value It is found that
Premalatha and Rs.8,81,640/- claimant is not
structure entitled for
compensation
Structure value u/s.3G(7) and
Rs.5,18,948/- Sec.28 of NH
Act and
RFCTLARR
Total Act respectively
compensation
(including 12%
additional land
value)
Rs.34,23,880/-
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1156, 1192/2024 & 82/2025
W.A.No. Name of the Particulars Amount paid for Amount paid
Claimant of property the acquired for the
acquired portion including unacquired
all statutory portion
benefits
719/2024 Sulfath O.A. 0.17 Ares of Land value Compensation
land and Rs.1,69,632/- for the
structure unacquired
Structure value portion is not
Rs.11,61,891/- separately
shown
Total
compensation
(including 12%
additional land
value)
Rs.27,15,007/-
735/2024 Varghese Thomas 24 Sq.mtr of Land value The whole
land and Rs.5,85,483/- building is
structure acquired
Structure value
Rs.30,51,642/-
Total
compensation
(including 12%
additional land
value)
Rs.36,98,721/-
763/2024 K.Raveendran 0.0138 Ha Land value It is found that
of land and Rs.5,79,399/- claimant is not
structure entitled for
Structure value compensation
Rs.4,32,578/- u/s.3G(7) and
Sec.28 of NH
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1156, 1192/2024 & 82/2025
W.A.No. Name of the Particulars Amount paid for Amount paid
Claimant of property the acquired for the
acquired portion including unacquired
all statutory portion
benefits
Total Act and
compensation RFCTLARR
(including 12% Act respectively
additional land
value)
Rs.25,15,404/-
779/2024 Sudheer 0.0121 Ha Land value It is found that
Kumar.V.V. of land and Rs.17,29,413/- claimant is not
structure entitled for
Structure value - compensation
nil u/s.3G(7) and
Sec.28 of NH
Total Act and
compensation RFCTLARR
(including 12% Act respectively
additional land
value)
Rs.50,03,073/-
883/2024 Ummu Habeeba 3.35 Ares of Land value Compensation
land and Rs.7,64,543.71 for the
structure unacquired
Structure value portion is not
Rs.7,79,836/- separately
shown
Value of
Agricultural
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1156, 1192/2024 & 82/2025
W.A.No. Name of the Particulars Amount paid for Amount paid
Claimant of property the acquired for the
acquired portion including unacquired
all statutory portion
benefits
improvements
Rs.18,450/-
Total
compensation
(including 12%
additional land
value)
Rs.33,32,557/-
1156/2024 Ramesan.K.K. 0.0008Ha of Land value It is found that
land and Rs.1,30,225/- claimant is not
structure entitled for
Structure value compensation
Rs.60,596/- u/s.3G(7) and
Sec.28 of NH
Total Act and
compensation RFCTLARR
(including 12% Act respectively
additional land
value)
Rs.3,95,043/-
1192/2024 Ajimon 0.0198 Land value Rs.14,26,378/-
Hectors of Rs.51,94,669/-
land and
structure Structure value
Rs.11,30,134/-
Total
compensation
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1156, 1192/2024 & 82/2025
W.A.No. Name of the Particulars Amount paid for Amount paid
Claimant of property the acquired for the
acquired portion including unacquired
all statutory portion
benefits
(including 12%
additional land
value)
Rs.77,51,181/-
82/2025 Abdul Gafoor 0.0154 Ha. Land value Compensation
of land and Rs.5,77,450/- for the
structure unacquired
Structure value portion is not
Rs.36,17,777/- separately
shown
Total
compensation
(including 12%
additional land
value)
Rs.85,64,639/-
Kalathingal 0.0754 Ha Land value "
Usman of land and Rs.43,66,606/-
structure
Structure value
Rs.46,01,770/-
Total
compensation
(including 12%
additional land
value
Rs.1,90,83,202/-
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1156, 1192/2024 & 82/2025
W.A.No. Name of the Particulars Amount paid for Amount paid
Claimant of property the acquired for the
acquired portion including unacquired
all statutory portion
benefits
Ashraf @ 0.0153 Ha Land value "
Sainudheen of land and Rs.5,78,361/-
structure
Structure value
Rs.19,79,170/-
land and Total
structure Rs.22,73,310/-
Structure value
Rs.17,87,384/-
Total
compensation
(including 12%
additional land
value
Rs.87,90,313/-
Ellathakayil 0.0105 Ha Land value "
Shajitha of land and Rs.3,93,893/-
structure
Structure value
Rs.18,40,595/-
Total
compensation
(including 12%
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W.A.No. Name of the Particulars Amount paid for Amount paid
Claimant of property the acquired for the
acquired portion including unacquired
all statutory portion
benefits
additional land
value)
Rs.45,87,738/-
Shaheen Suleman 0.127 Ha of Land value "
land and Rs.62,73,563/-
structure
Structure value
Rs.17,86,675/-
Total
compensation
(including 12%
additional land
value)
Rs.1,79,95,305/-
V.Aboo 0.0273 Ha Land value "
of land and Rs.15,58,738/-
structure
Structure value
Rs.33,75,972/-
compensation
(including 12%
additional land
value)
Rs.52,88,116/-
Firoz.P.K. 0.0199 Ha Land value "
of land and Rs.14,87,572/-
structure
Structure value
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1156, 1192/2024 & 82/2025
W.A.No. Name of the Particulars Amount paid for Amount paid
Claimant of property the acquired for the
acquired portion including unacquired
all statutory portion
benefits
Rs.11,37,316/-
Total
compensation
(including 12%
additional land
value)
Rs.56,93,362/-
P.D.Premlal 0.1227 Ha Land value "
of land and Rs.2,43,07,236/-
structure
Structure value
Rs.19,56,936/-
Total
compensation
(including 12%
additional land
value)
Rs.5,87,33,831/-
Asiya 0.0027 Ha Land value "
of land and Rs.1,32,138/-
structure
Structure value
Rs.1,50,690/-
Total
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W.A.No. Name of the Particulars Amount paid for Amount paid
Claimant of property the acquired for the
acquired portion including unacquired
all statutory portion
benefits
compensation
(including 12%
additional land
value)
Rs.6,05,515/-
Fathima Ali 0.056Ha Land value
Total
compensation
(including 12%
additional land
value)
Rs.1,02,84,514/-
V.T.Nabeesa 0.0351 Ha Land value
of land and Rs.26,71,341/-
structure
Structure value
Rs.22,60,889/-
Total
compensation
(including 12%
additional land
value)
Rs.1,06,39,140/-
Paul.M.S. 0.0444 Ha Land value "
of land and Rs.34,14,213/-
structure
Structure value
Rs.25,07,193/-
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1156, 1192/2024 & 82/2025
W.A.No. Name of the Particulars Amount paid for Amount paid
Claimant of property the acquired for the
acquired portion including unacquired
all statutory portion
benefits
Total
compensation
(including 12%
additional land
value)
Rs.1,20,94,902/-
Faisal 0.1638 Ha Land value "
of land and Rs.81,04,730/-
structure Structure value
Rs.86,32,292/-
Total
compensation
(including 12%
additional land
value)
Rs.3,58,72,305/-
Salil.N.V. 0.0122 Ha Land value "
of land and Rs.13,18,804/-
structure Structure value
Rs.6,06,610/-
Total
compensation
(including 12%
additional land
value)
Rs.43,32,821/-
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1156, 1192/2024 & 82/2025
5. In some of the cases compensation for the unacquired portion
has not been mentioned and granted separately and in others it is stated
that the claimant is not entitled for it. The learned Special
Government Pleader submitted that proper appraisal was done in all
cases of acquisition and in many cases the total compensation granted
includes the element of compensation for unacquired portion also.
According to her, measurements and other details in each case with
respect to the unacquired portions also (in cases of partial acquisitions)
are available with the authorities concerned as per instructions received.
We are of the view that the claimants in all these cases can raise the
grievances before the competent authority or in the arbitration
proceedings as the case may be. The Competent Authority or the
Arbitrator, as the case may be, can call for the details and take
appropriate decision regarding all claims including compensation for
unacquired portions during the course of proceedings. Needless to say,
in case the outcome is unsatisfactory, the claimants can further take up
the matter in accordance with law.
6. Objections to the affidavits referred above have been filed in
some appeals. Nevertheless, as it is not within the scope of these
appeals to delve into the factual disputes, we do not elaborate on the
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1156, 1192/2024 & 82/2025
objections raised. Suffice to say that we have not analysed the factual
aspects stated in the affidavits as also the objections and they are kept
open.
7. In view of the above discussion and observations in the preceding
paragraphs, no further orders are required and these appeals need not
be kept pending. Accordingly, all the appeals are disposed of.
Sd/-
NITIN JAMDAR
CHIEF JUSTICE
Sd/-
S.MANU
JUDGE
skj
