Disposed

Dr.Razia Salam v. the Union of India

Kerala HC22 Nov 2018WP(C)/26900/2018

Case brief

AI extract

What is this about?

Landowners challenged proposed highway acquisition beyond notified areas and sought benefits under the 2013 Act. The court directed that declarations remain within presently notified areas, additional land require fresh notifications, and compensatory benefits be computed and granted under Schedules 1, 2 and 3 of the amended 2013 Act.

What did the court decide?

Declarations confined to notified land; fresh Section 3A(1) notifications required for additional land; compensatory benefits directed under Schedules 1, 2 and 3 of the amended 2013 Act.

Dr.Razia Salam Vs the Union of India — Land Acquisition | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

¶4

THURSDAY ,THE 22ND DAY OF NOVEMBER 2018 / 1ST AGRAHAYANA, 1940

¶5

WP(C).No. 27955 of 2018

¶6

PETITIONER/S:

¶7

1 JOHN BRITTO AMBROSE,AGED 47 YEARS, S/O.AMBROSE, RANI DALE, SHAKTHIKULANGARA, KOLLAM, PIN CODE 691583

¶8

2 PATRICIA ALOSIUS,AGED 44 YEARS W/O. JOHN BRITO AMBROSE, RANI DALE, SHAKTHIKULANGARA, KOLLAM 691 583 BY ADV. SRI.J.HARIKUMAR

¶9

RESPONDENT/S:

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1 THE UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN, 1, PARLIAMENT STREET, NEW DELHI 110001

¶11

2 THE NATIONAL HIGHWAYS AUTHORITY OF INDIA REPRESENTED BY ITS CHAIRMAN, G-5 & 6, SECTOR-10, DWARAKA, NEW DELHI -110 075 3 THE DEPUTY COLLECTOR AND COMPETENT AUTHORITY (LA) FOR NATIONAL HIGHWAY 47 (NH 66), COLLECTORATE, KOLLAM-691 013

¶12

4 THE PROJECT DIRECTOR NATIONAL HIGHWAY AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT (KERALA REGION) T.C 36/414(5), KOYIKKAL VEEDU, KAVU LANE, PALKULANGARA, THIRUVANANTNAPURAM -695024 BY ADVS.

¶13

M/S.M.V.KINI AND CO., SC, NHAI SRI.DINESH R.SHENOY, CGC SRI.THOMAS ANTONY

¶14

OTHER PRESENT:

¶15

SRI.SAIGI JACOB PALATTY,SR.GOVT.PLEADER, SMT.C.G.PREETHA,CGC, SRI.SUVIN.R.MENON,CGC, SMT.O.M.SHALINA,CGC, SRI.S.VAIDYANATHAN,CGC , SRI.C.C.KURIAKOSE,SC FOR NHAI,SMT.I.SHEELA DEVI,SC FOR NHAI

¶16

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.11.2018, ALONG WITH WP(C).29538/2018, WP(C).26727/2018, WP(C).28513/2018, WP(C).26901/2018, WP(C).26900/2018, WP(C).27629/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

W.P.(C)No.27955/2018 & Con.cases

¶18

¶19

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶20

PRESENT

¶21

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

¶22

THURSDAY ,THE 22ND DAY OF NOVEMBER 2018/1ST AGRAHAYANA,1940

¶23

WP(C).No. 29538 of 2018

¶24

PETITIONER/S:

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SMITHA.S.PILLAI AGED 38 YEARS W/O SURESHKUMAR, THIRUVONAM (RAMAVILASOM), MYLAKKADU P.O., KOLLAM, PINCODE-691571

¶26

BY ADV. J.HARIKUMAR

¶27

RESPONDENT/S:

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1 THE UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN-1, PARLIAMENT STREET, NEW DELHI-110001 2 THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, REPRESENTED BY ITS CHAIRMAN,G5 AND 6,SECTOR10,DWARAKA,NEW DELHI-110075 3 THE DEPUTY COLLECTOR AND COMPETENT AUTHORITY (LA) FOR NATIONAL HIGHWAY-47(NH 66),COLLECTORATE, KOLLAM691013 4 THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT(KERALA REGION),T C 36/414 (5),KOYIKKAL VEEDU,KAVU LANE,PALKULANGARA,THIRUVANANTHAPURAM-695024 BY ADVS. SRI.SUVIN R.MENON, CGC SMT.I.SHEELA DEVI M/S.M.V.KINI AND CO., SC, NHAI

¶29

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.11.2018, ALONG WITH WP(C).27955/2018, WP(C).28513/2018,WP(C).26901/2018,WP(C).26900/2018, WP(C).27629/208,WP(C).26727/2018 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶30

W.P.(C)No.27955/2018 & Con.cases

¶31

¶32

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶33

PRESENT

¶34

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

¶35

THURSDAY ,THE 22ND DAY OF NOVEMBER 2018 / 1ST AGRAHAYANA, 1940

¶36

WP(C).No. 26727 of 2018

¶37

PETITIONER/S:

¶38

DR. RIYAZ AHAMMED AGED 45 YEARS, S/O. ABDUL SALAM,RESIDING AT NAZREEN, KULANGARABHAGAM,CHAVARA, KOLLAM, PIN CODE- 691 583.

¶39

BY ADV. SRI.J.HARIKUMAR

¶40

RESPONDENT/S:

¶41

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

¶42

2 THE NATIONAL HIGHWAYS AUTHORITY OF INDIA REPRESENTED BY ITS CHAIRMAN,G5 AND 6 SECTOR 10, DWARAKA,NEW DELHI - 110 075.

¶43

3 THE DEPUTY COLLECTOR AND COMPETENT AUTHORITY (LA) FOR NATIONAL HIGHWAY - 47 (NH 66) COLLECTORATE,KOLLAM -691 013.

¶44

4 THE PROJECT DIRECTOR NATIONAL HIGHWAY AUTHORITY OF INDIA,PROJECT IMPLEMENTATION UNIT (KERALA REGION),T. C 36/415 (5), KOYIKKAL VEEDU,KAVU LANE, PALKULANGARA,THIRUVANANTHAPURAM - 695 024.

¶45

BY ADVS. ASSISTANT SOLICITOR GENERAL SRI. SAIGI JACOB PALATTY- SR.GOVERNMENT PLEADER M/S.M.V.KINI AND CO., SC, NHAI SMT.C.G.PREETHA, CGC SRI.C.C.KURIAKOSE, SC NHAI

¶46

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.11.2018, ALONG WITH WP(C).27955/2018, WP(C).28513/2018, WP(C).26901/2018, WP(C).26900/2018, WP(C).27629/2018, WP(C).29538/2018 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶47

W.P.(C)No.27955/2018 & Con.cases

¶48

¶49

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶50

PRESENT

¶51

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

¶52

THURSDAY ,THE 22ND DAY OF NOVEMBER 2018 / 1ST AGRAHAYANA, 1940

¶53

WP(C).No. 28513 of 2018

¶54

PETITIONER/S:

¶55

SANU GILBERT AGED 50 YEARS S/O. GILBERT J. MORIS, ELAMPALLOOR HOUSE, TNRA 401, SHAKTHIKULANGARA, KOLLAM-691581.

¶56

BY ADV. HARIKUMAR J.

¶57

RESPONDENT/S:

¶58

1 THE UNION OF INIDA REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN, I, PARLIAMENT STREET, NEW DELHI-110001.

¶59

2 THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, REPRESENTED BY ITS CHAIRMAN, G-5 AND 6, SECTOR-10, DWARAKA, NEW DELHI-110075

¶60

3 THE DEPUTY COLLECTOR AND COMPETENT AUTHORITY (LA) FOR NATIONAL HIGHWAY 47 (NH 66), COLLECTORATE, KOLLAM-691013.

¶61

4 THE PROJECT DIRECTOR NATIONAL HIGHWAY AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT (KERALA REGION), TC 36/414(5), KOYIKKAL VEEDU, KAVU LANE, PALKULANGARA, THIRUVANANTHAPURAM-695024.

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BY ADVS.

¶63

SMT.O.M.SHALINA, CGC SRI. SAIGI JACOB PALATTY - SR.GOVERNMENT PLEADER M/S.M.V.KINI SMT.I.SHEELA DEVI

¶64

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.11.2018, ALONG WITH WP(C).27955/2018, WP(C).26727/2018, WP(C).26901/2018,WP(C).26900/2018,WP(C).27629/2018, WP(C).29538/2018 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶65

W.P.(C)No.27955/2018 & Con.cases

¶66

¶67

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶68

PRESENT

¶69

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

¶70

THURSDAY ,THE 22ND DAY OF NOVEMBER 2018 / 1ST AGRAHAYANA, 1940

¶71

WP(C).No. 26901 of 2018

¶72

PETITIONER/S:

¶73

1 SATHEESHKUMAR.L

¶74

AGED 58 YEARS, S/O. LAKSHMANAN, RESIDING AT KAILASAMANGALATHU, PUTHENTHURAI P.O., NEENDAKARA, KOLLAM, PINCODE - 691 582.

¶75

2 ANILKUMAR L. AGED 54 YEARS, S/O. LAKSHMANAN, RESIDING AT KAILASAMANGALATHU, PUTHENTHURAI P.O., NEENDAKARA, KOLLAM, PINCODE - 691 582.

¶76

BY ADV. SRI.J.HARIKUMAR

¶77

RESPONDENT/S:

¶78

1 THE UNION OF INDIA

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REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN, 1, PARLIAMENT STREET, NEW DELHI - 110001.

¶80

2 NATIONAL HIGHWAYS AUTHORITY OF INDIA REPRESENTED BY ITS CHAIRMAN, G-5 & 6, SECTOR - 10, DWARAKA, NEW DELHI - 110075.

¶81

3 THE DEPUTY COLLECTOR AND COMPETENT AUTHORITY LA FOR NATIONAL HIGHWAY - 47(NH 66). COLLECTORATE, KOLLAM - 691 013.

¶82

4 THE PROJECT DIRECTOR NATIONAL HIGHWAYS AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT (KERALA REGION), T.C. 36/414(5), KOYIKKAL VEEDU, KAVU LANE, PALKULANGARA, THIRUVANANTHAPURAM - 695 024.

¶83

BY ADVS.

¶84

SRI. SAIGI JACOB PALATTY, SR.GOVERNMENT PLEADER SMT.C.G.PREETHA, CGC SRI.C.C. KURIAKOSE, SC NHAI

¶85

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.11.2018,ALONG WITH WP(C).27955/2018, WP(C).26727/2018, WP(C).28513/2018,WP(C).26900/2018,WP(C).27629/2018,WP(C).29538/201 8 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶86

W.P.(C)No.27955/2018 & Con.cases

¶87

¶88

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶89

PRESENT

¶90

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

¶91

THURSDAY ,THE 22ND DAY OF NOVEMBER 2018 / 1ST AGRAHAYANA, 1940

¶92

WP(C).No. 26900 of 2018

¶93

PETITIONER/S:

¶94

DR.RAZIYA SALAM

¶95

AGED 40 YEARS, D/O.ABDUL SALAM, NAVAS MANZIL, VENGA, MYNAGAPPALLY, SASTHAMCOTTA, PIN CODE-690521.

¶96

BY ADV. SRI.J.HARIKUMAR

¶97

RESPONDENT/S:

¶98

1 THE UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN, 1. PARLIAMENT STREET, NEW DELHI-110001.

¶99

2 THE NATIONAL HIGHWAYS AUTHORITY OF INDIA REPRESENTED BY ITS CHAIRMAN, G-5 & 6, SECTOR-10, DWARAKA, NEW DELHI-110075.

¶100

3 THE DEPUTY COLLECTOR AND COMPETENT AUTHORITY IA FOR NATIONAL HIGHWAY -47(NH 66), COLLECTORATE, KOLLAM -691013.

¶101

4 THE PROJECT DIRECTOR NATIONAL HIGHWAY AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT (KERALA REGION), TC 36/414(5), KOYIKKAL VEEDU, KAVU LANE, PALKULANGARA, THIRUVANANTHAPURAM-695024.

¶102

BY ADVS. SRI.C.C.KURIAKOSE, SC NHAI SRI. SAIGI JACOB PALATTY - SR.GOVERNMENT PLEADER M/S.M.V.KINI AND CO., SC, NHAI SMT.C.G.PREETHA, CGC

¶103

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.11.2018, ALONG WITH WP(C).27955/2018, WP(C).26727/2018, WP(C).28513/2018, WP(C).26901/2018, WP(C).27629/2018, WP(C)No.29538/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶104

W.P.(C)No.27955/2018 & Con.cases

¶105

¶106

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶107

PRESENT

¶108

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

¶109

THURSDAY ,THE 22ND DAY OF NOVEMBER 2018 / 1ST AGRAHAYANA, 1940

¶110

WP(C).No. 27629 of 2018

¶111

PETITIONER/S:

¶112

ANILKUMAR AGED 54 YEARS S/O VISWANATAHN, VISWA BHAVAN,THEKKUMBHAGAM MURI, KAZHAKKOTTAM P.O, THIRUVANANTHAPURAM-PIN- 695582 BY ADV. HARIKUMAR J.

¶113

RESPONDENT/S:

¶114

1 THE UNION OF INDIA REP. BY SECERTARY, MINISTARY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN 1 PARLIAMENT STREET, NEW DELHI 110001

¶115

2 NATIONAL HIGH WAYS AUTHORITY OF INDIA, REPRESENTED BY ITS CHAIRMAN, G-5 & 6, SECTOR-10, DWARAKA, NEW DELHI - 110075

¶116

3 THE DEPUTY COLLECTOR AND COMPETENT AUTHORITY(LA) FOR NATIONAL HIGHWAY, COLLECTORATE, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM- 695 043.

¶117

4 THE PROJECT DIRECTOR NATIONAL HIGHWAY AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT, TC 36/414(5), KOYIKKAL VEEDU, KAVU LANE, PALKULANGARA, THIRUVANANTHAPURAM 695024

¶118

5 MOHANAN,MAHADEVA HARDWARE, N.H. ROAD, KAZHAKKOOTTAM, THIRUVANANTHAPURAM 695582

¶119

6 NIRMALA,D/O. KRISHNA PILLAI, ALATHARA BUILDING, N.H. ROAD, KAZHAKKOOTTAM, THIRUVANANTHAPURAM 695582 BY ADVS. ASSISTANT SOLICITOR GENERAL M/S.M.V.KINI R.HARIKRISHNAN SRI.S.VAIDYANATHAN, CGC SRI.THOMAS ANTONY

¶120

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.11.2018, ALONG WITH WP(C)27955/2018, WP(C).26727/2018, WP(C).28513/2018,WP(C)29538/2018,WP(C).26901/2018,WP(C).26900/2018 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶121

W.P.(C)No.27955/2018 & Con.cases

¶122

¶123

ALEXANDER THOMAS, J.

¶124

WP(C) 27955/2018,WP(C).29538/2018 , WP(C).26727/2018 ,WP(C).28513/2018 , WP(C).26901/2018 ,WP(C).26900/2018 , & WP(C).27629/2018

¶125

JUDGMENT

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As common and inter-related issues arise in

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these cases, these matters are disposed of on the

¶128

basis of this common judgment.

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2. The grievance of the petitioners is that though the notification for acquisition of the land in terms of Section 3A of the National Highways act, 1956 has been issued for acquiring the specified extent of property and measurements, further steps are actually being taken by the

¶130

respondent authorities concerned in respect of extent property owned by the petitioners which is larger than the one shown in the Section 3A notifications. The petitioners would seriously urge that no acquisition of land in excess of the property specified in the Section 3A notification could be carried out by the respondent authorities

¶131

W.P.(C)No.27955/2018 & Con.cases

¶132

¶133

concerned in terms of the specific provisions contained in Section 3 of the National Highway Act, 1956. Further the common case of the petitioners is that as far as the compensatory benefits are concerned, the benefits as provided in the schedules to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 are to be effectuated in the case of these acquisitions as well, even though the acquisition has been carried out as per the National Highways Act, 1956. This contention of the petitioners is raised on the basis of the provisions contained in the Ordinance promulgated in 2015 amending the provisions of the above said 2013 Act.

¶134

3. The prayers in W.P.(C)No.27955/2018

¶135

are as follows:

¶136

“a) To issue a writ of mandamus or such other Writ, Order or Direction directing the respondents not to acquire any area in excess of the area shown under Survey No.105/6 of Sakthikulangara Village in Exhibit P4, belonging to the Petitioners. b) Direction to the respondents that the petitioners cannot be dispossessed of their properties and building in excess

¶137

W.P.(C)No.27955/2018 & Con.cases

¶138

¶139

of the area notified for acquisition Survey No.105/6 of Sakthikulangara Village in Exhibit P4, belonging to the Petitioners. c) Direction to the 3^rd respondent to pass awards under the First, Second and Third Schedules of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013, while passing award under Section 3G of the National Higways Act, 1956, for the lands that may be found to be acquired from the petitioner.”

¶140

4. The prayers in W.P.(C)No.26727/2018 are as

¶141

follows:

¶142

“a)To issue a writ of Certiorari or such other Writ, Order or Direction quashing Exhibit P5 order of the 3^rd respondent. b) To issue a writ of mandamus or such other Writ, Order or Direction directing the 3^rd respondent to consider Exhibit P4 objections afresh in the light of Exhibit P9 Guidelines issued by the First Respondent.

¶143

c) To issue a writ of mandamus or such other Writ, Order or Direction directing the respondents not to acquire any area in excess of the area shown under Survey No.101/14 of Chavara in Exhibit P3, belonging to the Petitioner.

¶144

d) Direction to the respondents that the petitioner cannot be dispossessed of his properties and buildings in excess of the area notified for acquisition under Survey No.101/14 of Chavara in Exhibit P3, belonging to the Petitioner.

¶145

e) Direction to the 3^rd respondent to pass awards under the First, Second and Third Schedules of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, while passing

¶146

W.P.(C)No.27955/2018 & Con.cases

¶147

¶148

award under Section 3G of the National Highways Act, 1956, for the lands that may be found to be acquired from the petitioner.”

¶149

5. The prayers in W.P.(C)No.26900/2018 are as

¶150

follows:

¶151

“a)To issue a writ of mandamus or such other Writ, Order or Direction directing the respondents not to include any area in excess of the area shown under Survey No.99/16 of Chavara Village belonging to the Petitioner in Exhibit P2 while making declaration under Section 3D of the National Highways Act.

¶152

b) To issue a direction to the respondents that the petitioners cannot be dispossessed of their properties in excess of the area notified for acquisition under Survey No.99/16 of Chavara in Exhibit P2, belonging to the Petitioner..

¶153

c) To issue a direction to the 3^rd respondent to pass awards under the First, Second and Third Schedules of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, while passing award under Section 3G of the National Highways Act, 1956, for the lands that may be found to be acquired from the petitioner.”

¶154

6. The prayers in W.P.(C)No.26901/2018 are

¶155

as follows:

¶156

“a) To isuse a writ of mandamus or such other Writ, Order or Driection directing the respondents not to include any area in excess of the area shown under Survey No.101/6 of Chavara belonging to the petitioners in Exhibit P2 while making

¶157

W.P.(C)No.27955/2018 & Con.cases

¶158

¶159

declaration under Section 3D of the National Highways Act. b) To issue a direction to the respondents that the petitioners cannot be dispossessed of their properties in excess of the area notified for acquisition under Survey No.101/6 of Chavara in Exhibit P2, belonging to the Petitioners. c) To issue a direction to the 3^rd respondent to pass awards under the First, Second and Third Schedules of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, while passing award under Section 3G of the National Highways Act, 1956, for the lands that may be found to be acquired from the petitioner.”

¶160

7. The prayers in W.P.(C)No.27629/2018 are as

¶161

follows:

¶162

“a) To issue a writ of Certiorari or such other Writ, Order or Direction quashing Exhibit P6 order of the 3^rd respondent. b) To issue a writ of mandamus or such other Writ, Order or Direction directing the respondents not to include in the notification under Section 3D of the National Highways Act, 1956 any area in excess of the area shown in Survey No.391/18 of Kazhakkoottam Village in Exhibit P2, belonging to the Petitioner for acquisition.

¶163

c) Direction to the respondents that the petitioner cannot be dispossessed of his properties and buildings in excess of the area notified for acquisition under Survey No.391/18 of Kazhakkoottam Village in Exhibit P2, belonging to the Petitioner.

¶164

d) Direction to the 3^rd respondent to pass awards under the First, Second and Third Schedules of the Right to Fair

¶165

W.P.(C)No.27955/2018 & Con.cases

¶166

¶167

Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, while passing award under Section 3G of the National Highways Act, 1956, for the lands that may be found to be acquired from the petitioner.

¶168

8. The prayers in W.P.(C)No.28513/2018 are as

¶169

follows:

¶170

“a) To issue a writ of mandamus or such other Writ, Order or Direction directing the respondents not to acquire any area in excess of the area shown under Survey NO.122/3 of Sakthikulangara Village in Exhibit P4, belonging to the Petitioner. b) Direction to the respondents that the petitioner cannot be dispossessed of his properties and building in excess of the area notified for acquisition Survey No.122/3 of Sakthikulangara Village in Exhibit P4, belonging to the Petitioners. c) Direction to the 3^rd respondent to pass awards under the First, Second and Third Schedules of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, while passing award under Section 3G of the National Highways Act, 1956, for the lands that may be found to be acquired from the petitioner.

¶171

9. The prayers in W.P.(C)No.29538/2018 are

¶172

as follows:

¶173

“ “a) To issue a writ of mandamus or such other Writ, Order or Direction directing the respondents not to acquire any area in excess of the area shown under Resurvey NO.457/2/2 of Block NO.28 of

¶174

W.P.(C)No.27955/2018 & Con.cases

¶175

¶176

Adichanallur Village in Ext.P3, and any area in 457/38/2 belonging to the Petitioner.

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b) Direction to the respondents that the petitioner cannot be dispossessed of his properties and building in excess of the area notified for acquisition Resurvey No.457/2/2 of Block No.28 of Adichanallur Village in Exhibit P3 and any area in 457/38/2 which is not notified to be acquired under Ext.P3. c) Direction to the 3^rd respondent to pass awards under the First, Second and Third Schedules of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, while passing award under Section 3G of the National Highways Act, 1956, for the lands that may be found to be acquired from the petitioner.”

¶178

10. Heard Sri. J. Harikumar, the learned counsel for the petitioners in these case, Sri. C.C. Kuriakose, the learned Standing Counsel for National Highway Authority of India (NHAI) appearing for the respondents NHAI in all the above cases other than W.P.(C)Nos.27955/2018 & 29538/2018, Sri. Thomas Antony, the learned Standing Counsel for the respondent NHAI appearing in W.P.(C)No. 27955/2018, Smt. I. Sheeladevi, the learned Standing Counsel for the respondent NHAI appearing in W.P.(C)No.29538/2018,Smt.C.G. Preetha, the

¶179

W.P.(C)No.27955/2018 & Con.cases

¶180

¶181

learned Central Government Counsel, Sri. Dinesh. R. Shenoy, the learned Central Government Counsel, Smt. O.M. Shalina, the learned Central Government Counsel appearing for the respondent Union Government authorities concerned in these cases and Sri. Saigi jacob Palatty, the learned Senior Government Pleader appearing for the respondent State authorities.

¶182

11. This Court had already dealt with similar issues in judgments as in the common judgment dated 15.10.2018 in W.P.(C)No.29657/2018 and connected cases, and judgment dated 14.11.2018 in W.P.(C)No.27944/2018 etc. It will be profitable to refer to paragraphs 4 to 6 of the common judgment dated 15.10.2018 rendered by this Court in W.P.(C)No. 29657/2018 and connected cases, which reads as follows:

¶183

“4. A detailed counter affidavit has been filed on behalf of respondents 2 and 4 in WP(C)No.29657 of 2018. Paragraph 7 specifies that the extent of land shown in Ext.P3 is only approximate and the exact area required is to be ascertained by detailed survey by the respondents.

¶184

W.P.(C)No.27955/2018 & Con.cases

¶185

¶186

It is specifically stated that if more land is required than notified in Ext.P3 form the petitioners, then the same will be acquired only after publication of fresh Section 3A(1) notification under the Act for acquiring additional extent of land required. It is stated that Section 3D notification will be only for what is notified under Section 3A and the omitted portion of land will be acquired only after publishing fresh notification in terms of Section 3A.

¶187

5. With regard to the contentions of the petitioners in respect of right to fair compensation, it is submitted in paragraph 10 that though land is being acquired under the provisions of the National Highways Act, 1956, the land owners will be given compensation under the Land Acquisition Act and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as amended.

¶188

6. The submissions made in the counter affidavit filed on behalf of second and fourth respondents as stated above are recorded. This writ petition is disposed of directing that declaration under Section 3D shall be finalised only in accordance with Section 3A(1) notification as presently issued. Any further acquisition in respect of the lands belonging to the petitioners will be only after issuance of fresh Section 3A(1) notification in accordance with law. Further steps to be taken in accordance with the statute shall also be duly followed. The compensation due to the petitioners shall be computed in terms of Schedules 1, 2 and 3 of the Act, 2013 as stated in the counter affidavit.

¶189

The writ petitions are ordered accordingly.”

¶190

12. A perusal of the pleadings of the

¶191

W.P.(C)No.27955/2018 & Con.cases

¶192

¶193

respondent NHAI filed in these cases would also show that the extent of land shown in the Section 3A(1) notification issued under the National Highways Act, 1956 is only approximate and the exact area is required to be ascertained by detailed survey by the competent respondents concerned and further it is stated that if more land is required than what is notified in the Section 3A(1) notification from the writ petitioners, then the same will be acquired only after publication of fresh Section 3A(1) notification under the National Highways Act,1956 for acquiring additional extent of land if so required from the petitioners concerned. It is further stated that Section 3D notification will be only for what is actually notified now under Section 3A and the omitted portion of the land will be acquired only after publishing fresh notification in terms of Section 3A, if so required. As regards the contentions of the petitioners regarding the applicability of better compensatory benefits under the new 2013 Act, it

¶194

W.P.(C)No.27955/2018 & Con.cases

¶195

¶196

is stated in the pleadings of the respondent NHAI that the land is being acquired under the provisions of the National Highways Act, 1956 and that the land owners will be given compensation under the aforesaid new 2013 Act as amended by the Amendment Ordinance.

¶197

13. Going by the facts and circumstances as disclosed in these petitions as well as in the pleadings of the respondent NHAI, it is only to be held that the directions and orders rendered by this Court in the above said judgments as in W.P. (C)No.29664/2018 will also be applicable in the instant cases. Accordingly, the above said submissions made on behalf of the respondents are

¶198

recorded. These writ petitions are disposed of directing that the declaration under Section 3D shall be finalised only in accordance with Section

¶199

3A (1) notification as presently issued, especially as far as the land area is concerned.

¶200

Any further acquisition in respect of the properties belonging to the petitioners pertaining to land areas in addition to the

¶201

W.P.(C)No.27955/2018 & Con.cases

¶202

¶203

present Section 3A (1) notification is concerned,

¶204

it is ordered that such additional land areas

¶205

would be acquired only after issuance of fresh Section 3A(1) notification in accordance with law. Further steps to be taken in accordance with the Statutes will also be duly followed and adhered to. The compensatory benefits due to the petitioners shall be computed and granted in terms of the Schedules 1, 2 and 3 of the new Act, 2013 as amended by the Amendment Ordinance etc.

¶206

With these observations and directions, the above Writ Petitions (Civil)will stand finally disposed of.

¶207

Sd/-

¶208

ALEXANDER THOMAS, JUDGE.

¶209

acd

¶210

W.P.(C)No.27955/2018 & Con.cases

¶211

¶212

APPENDIX OF WP(C) 27955/2018

¶213

PETITIONER'S/S EXHIBITS:

¶214

EXHIBIT	P1	TRUE COPY OF THE DATED 18/08/2017	SALE DEED NO. 1496
EXHIBIT	P2	TRUE COPY OF THE 08/07/2018	LAND TAX RECEIPT DATED
EXHIBIT	P3	TRUE COPY OF THE DATED 26/05/2018 MUNICIPAL CORPORA	PROEPRTY TAX RECEIPT ISSUED BY THE KOLLAM TION
EXHIBIT	P4	TRUE COPY OF THE MATHRUBHUMI DAILY	PAPER PUBLICATION IN DATED 10/03/2018
EXHIBIT	P5	TRUE COPY OF THE 137/18(89) DATED RESPONDENT	PROCEEDINGS NO. A2- 26/07/2018 OF 3RD
EXHIBIT	P6	TRUE COPY OF THE AREA NOTIFIED IN ACQUIRED FROM THE PETITIONER AND TH BY SURVEY AND PLA OFFICIALS OF THE	SKETCH SHOWING THE EXHIBIT-P4 TO BE PROPERTY OF THE E EXCESS AREA MARKED NNING OF STONES BY THE 3RD RESPONDENT
EXHIBIT	P7	TRUE COPY OF THE 13/08/2018	REPRESENTATION DATED
EXHIBIT	P8	TRUE COPY OF THE 16962/2018	JUDGMENT IN W.P(C)
EXHIBIT	P9	TRUE COPY OF THE W.P(C) 26727/2018	INTERIM ORDER IN
RESPONDE	NTS' EXHIBIT	S:
ANNEXURE	-R2(a): TRUE	COPY OF THE LAND	ACQUISITION PLAN.
EXT.R4(a	): THE ORDER	NO.A2-139/18 (44	3) DATED 10.07.2018.
EXT.R4(b	): THE ORDER	NO.A2-139/18 (57	7) DATED 11/07/2018.

¶215

W.P.(C)No.27955/2018 & Con.cases

¶216

¶217

APPENDIX OF WP(C) 29538/2018

¶218

PETITIONER'S/S EXHIBITS:

¶219

EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 19.12.2016

¶220

EXHIBIT P2 TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED BY THE ADICHANALLUR PANCHAYAT DATED 1.9.2018 EXHIBIT P3 TRUE COPY OF THE PAPER PUBLICATION IN MANORAMA DAILY DATED 10.3.2018 EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 27.7.2018 EXHIBIT P5 TRUE COPY OF THE SKETCH SHOWING THE AREA NOTIFIED IN EXHIBIT P3 TO BE ACQUIRED FROM THE PROPERTY OF THE PETITIONER AND THE EXCESS AREA MARKED BY SURVEY AND PLANTING OF STONES BY THE OFFICIALS OF THE 3RD RESPONDENT. EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 10.8.2018 EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN WPC NO 16962/2018 OF THIS HONOURABLE COURT. EXHIBIT P8 TRUE COPY OF THE INTERIM ORDER DATED 20.8.2018 IN WPC NO 27955/2018 OF THIS HONOURABLE COURT RESPONDENTS' EXHIBITS:

¶221

EXT.R4(a): THE ORDER NO.A2-139/18 (443) DATED 10.07.2018. EXT.R4(b): THE ORDER NO.A2-139/18 (577) DATED 11/07/2018.

¶222

W.P.(C)No.27955/2018 & Con.cases

¶223

¶224

APPENDIX OF WP(C) 26727/2018

¶225

PETITIONER'S/S EXHIBITS:

¶226

EXHIBIT-P1 TRUE COPY OF THE SETTLEMEN DEED NO. 1624 DATED 16/05/2014 OF CHAVARA SUB REGISTRY EXHIBIT-P2 TRUE COPY OF THE BASIC TAX RECEIPT ISSUED TO THE PETITIONER DATED 12/07/2017 EXHIBIT-P3 TRUE COPY OF THE RELEVANT PAGES OF THE PAPER PUBLICATION IN MALAYALA MANORAMA DAILY DATED 10/03/2018 EXHIBIT-P4 TRUE COPY OF OBJECTIONS FILED BY THE PETITIONER DATED 31/03/2018 EXHIBIT-P5 TRUE COPY OF THE ORDER DATED 17/07/2018 OF THE 3RD RESPONDENT EXHIBIT-P6 TRUE COPY OF THE SKETCH SHOWING THE AREA NOTIFIED IN EXHIBIT-P3 TO BE ACQUIRED FROM THE PROPERTY OF THE PETITIONER AND THE EXCESS AREA EXHIBIT-P7 TRUE COPY OF THE REPRESENTATION DATED 23/07/2018 EXHIBIT-P8 TRUE COPY OF THE JUDGMENT IN W.P(C) 16962/2018 DATED 19/06/2018 EXHIBIT-P9 TRUE COPY OF THE NOTIFICATION NO. NH11011/30/2015 LA (GUIDELINES) DATED 28/12/2017 ISSUED BY THE 1ST RESPONDENT

¶227

RESPONDENTS' EXHIBITS:

¶228

EXT.R4(a): LETTER TO M/S/SMEC INTERNATIONAL PTY. LTD DATED 27.6.2016. EXT.R4 (b): GAZETTE NOTIFICATION DATED 04.12.2009. EXT.R4(c): COPY OF THE GOVERNMENT LETTER PWD-D3/27/2016-PWD DATED 01.02.2017. EXT.R4(d): GOVERNMENT OF INDIA GAZETTE NOTIFICATION DTD 08.06.2018.

¶229

W.P.(C)No.27955/2018 & Con.cases

¶230

¶231

APPENDIX OF WP(C) 28513/2018

¶232

PETITIONER'S/S EXHIBITS:

¶233

EXHIBIT P1	TRUE COPY OF THE SETTLEMENT DEED NO. 142 DATED 24/01/2015 OF KOLLAM SUB REGISTRY
EXHIBIT P2	TRUE COPY OF THE LAND TAX RECEIPT DATED 20/08/2018
EXHIBIT P3	TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED BY THE KOLLAM CORPORATION
EXHIBIT P4	TRUE COPY OF THE PAPER PUBLICATION IN MATHRUBHUMI DAILY DATED 10/03/2018
EXHIBIT P5	TRUE COPY OF THE SKETCH SHOWING THE AREA NOTIFIED IN EXHIBIT-P4 TO BE ACQUIRED FROM THE PROPERTY OF THE PETITIONER AND THE EXCESS AREA MARKED BY SURVEY AND PLANTING OF STONES BY THE OFFICIALS OF THE 3RD RESPONDENT
EXHIBIT P6	TRUE COPY OF THE REPRESENTATION DATED 23/08/2018
EXHIBIT P7	TRUE COPY OF THE JUDGMENT IN W.P(C) 16962/2018
EXHIBIT P8 RESPONDENTS' EXHIBITS	TRUE COPY OF THE INTERIM ORDER DATED 20/08/2018 IN W.P(C) 27955/2018 :
EXT.R4(a): THE ORDER	NO.A2-139/18 (443) DATED 10.07.2018.
EXT.R4(b): THE ORDER	NO.A2-139/18 (577) DATED 11/07/2018.

¶234

W.P.(C)No.27955/2018 & Con.cases

¶235

¶236

APPENDIX OF WP(C) 26901/2018

¶237

PETITIONER'S/S EXHIBITS:

¶238

EXHIBIT P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 21.07.2018. EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGE OF THE PAPER PUBLICATION IN MALAYALA MANORAMA DAILY DATED 10.03.2018. EXHIBIT P3 TRUE COPY OF THE SKETCH SHOWING THE AREA NOTIFIED IN EXHIBIT P2 TO BE ACQUIRED FROM THE PROPERTY OF THE PETITIONER AND THE EXCESS AREA MARKED BY SURVEY AND PLANTING OF STONES BY THE OFFICIALS OF THE 3RD RESPONDENT. EXHIBIT P4 TRUE COPY REPRESENTATION TO THE 3RD RESPONDENT DATED 21.07.2018 WITH POSTAL RECEIPT. EXHIBIT P5 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 19.06.2018 IN W.P.(C)NO. 16962/2018. EXHIBIT 6 TRUE COPY OF THE NOTIFICATION OF THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NO.NH-11011/30/2015-LA (GUIDELINES) DATED 28.12.2017.

¶239

RESPONDENTS' EXHIBITS:

¶240

EXT.R4(a): THE ORDER NO.A2-139/18 (443) DATED 10.07.2018. EXT.R4(b): THE ORDER NO.A2-139/18 (577) DATED 11/07/2018.

¶241

W.P.(C)No.27955/2018 & Con.cases

¶242

¶243

APPENDIX OF WP(C) 26900/2018

¶244

PETITIONER'S/S EXHIBITS:

¶245

EXHIBIT P1TRUE COPY OF THE BASIC TAX RECEIPT DATED 7/9/2017. EXHIBIT P2TRUE COPY OF THE RELEVANT PAGE OF THE PAPER PUBLICATION IN MALAYALA MANORAM DAILY DATED 10/3/2018 EXHIBIT P3TRUE COPY OF THE SKETCH SHOWING THE AREA NOTIFIED IN EXHIBIT P2 TO BE ACQUIRED FROM THE PROPERTY OF THE PETITIONER AND THE EXCESS AREA MARKED BY SURVEY AND PLANTING OF STONES BY THE OFFICIALS OF THE 3RD RESPONDENT. EXHIBIT P4TRUE COPY REPRESENTATION TO THE 3RD RESPONDENT DATED 23/7/2018. EXHIBIT P5TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 19/6/2018 IN WP(C) NO.16962/2018 EXHIBIT P6TRUE COPY OF THE NOTIFICATION OF THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NO. NH-11011/30/2015-LA (GUIDELINES) DATED 28/12/2017

¶246

RESPONDENTS' EXHIBITS:

¶247

EXT.R4(a): THE ORDER NO.A2-139/18 (443) DATED 10.07.2018. EXT.R4(b): THE ORDER NO.A2-139/18 (577) DATED 11/07/2018.

¶248

W.P.(C)No.27955/2018 & Con.cases

¶249

¶250

APPENDIX OF WP(C) 27629/2018

¶251

PETITIONER'S/S EXHIBITS:

¶252

EXHIBIT P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 5/02/2018 EXHIBIT P2 TRUE COPY OF THE PAPER PUBLICATION IN MALAYALA MANORAMA DAILY DATED 09/03/2018. EXHIBIT P3 TRUE COPY OF THE NOTICE FROM THE THIRD RESPONDENT DATED 28/03/2018. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 09/05/2018. EXHIBIT P5 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 19/06/2018 IN WP(C) NO. 16962/2018. EXHIBIT P6 TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 26/07/2018. EXHIBIT P7 TRUE COPY OF THE INTERIM DIRECTION DATED 07/08/2018 IN WP(C) NO. 26727/2018 OF THIS HONOURABLE COURT. EXHIBIT P8 TRUE COPY OF THE NOTIFICATION NO. NH.11011/30/2015 LA (GUIDELINES) DATED 28/12/2017 ISSUED BY THE FIRST RESPONDENT.

¶253

TRUE COPY

¶254

P.S. TO JUDGE.

Dr.Razia Salam v. the Union of India

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Dr.Razia Salam v. the Union of India

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