The Kerala High Court dismissed W.P.(C).Nos.28618 and 28635 of 2018, which challenged land acquisition for NH-17/NH-66 expansion. The bench ordered dismissal based on the judgment dated 19.11.2018 in connected W.P.(C).No.30167/2018.
Writ petitions dismissed by relying on the judgment in connected case W.P.(C).No.30167/2018 dated 19.11.2018.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
WEDNESDAY,THE 21ST DAY OF NOVEMBER 2018 / 30TH KARTHIKA, 1940
WP(C).No. 28618 of 2018
PETITIONER/S:
N S SATHYARAJAN, AGED 56 YEARS NEDIYEDATH, MANATHALA CHAVAKKAD-680506
BY ADV. JOSWIN THAMBI KUNNATH
RESPONDENT/S:
1 UNION OF INDIA, REP. BY ITS SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVERNMENT OF INDIA NEW DELHI-110001
2 PROJECT DIRECTOR. PROJECT IMPLEMENTATION COCHIN, NHAI, MAVELIPURAM, KAKKANADU-682030
3 SPECIAL DEPUTY COLLECTOR (LA) AND COMPETENT AUTHORITY, OFFICE OF NH-17, (KUTTIPURAM-EDAPALLY), KODUNGALLUR P.O, THRISSUR DISTRICT-680666
4 PROJECT ENGINEER FEEDBANK INFRA PRIVATE LIMITED, NO. 14, LANGFORD GARDEN, 1ST FLOOR, LANGFORD AVENUE, LALBAGH ROAD, (NEAR RICHMOND CIRCLE), BANGALORE-560025
5 MANATHALA GRAMA PANCHAYATH. THIRUVATHRA P.O, CHAVAKKADU, THRISSUR-680516, REPRESENTED BY ITS SECRETARY.
BY ADVS. ASSISTANT SOLICITOR GENERAL THOMAS ANTONY GOVERNMENT PLEADER
OTHER PRESENT:
SRI.SUVIN.R.MENON,CGC FOR R1, SRI.THOMAS ANTONY, SC FOR R2, SMT.A.C.VIDHYA,GOVT.PLEADER FOR R3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.11.2018, ALONG WITH WP(C).28635/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).Nos.28618& 28635 of 2018
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
WEDNESDAY,THE 21ST DAY OF NOVEMBER 2018 / 30TH KARTHIKA, 1940
WP(C).No. 28635 of 2018
PETITIONER/S:
1 KUNJAMINA AGED 61 YEARS W/O SALEEM,VALIYAVEETTIL,MANATHALA,CHAVAKKAD,THRISSUR 680506
2 ABDUL RAHMAN T.V., AGED 1 YEARS S/O MOIDUNNY,THERUVATH VELIYANKODE,MANATHALA SOUTH,CHAVAKKAD,THRISSUR 680506
3 RASHEED, AGED 52 YEARS S/O BAVA,KARUPPAMVETTIL CHALIL HOUSE,MANATHALA,CHAVAKKAD,THRISSUR 680506
BY ADV. JOSWIN THAMBI KUNNATH
RESPONDENT/S:
1 UNION OF INDIA REPRESENTED BY ITS SECRETARY,MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,GOVERNMENT OF INDIA,NEW DELHI 110001
2 PROJECT DIRECTOR, PROJECT IMPLEMENTATION COCHIN,NHAI,MAVELIPURAM,KAKKANADU 682030
3 SPECIAL DEPUTY COLLECTOR, (LA) AND COMPETENT AUTHORITY OFFICE OF NH-17 (KUTTIPURAM-EDAPPALLY) KODUNGALLUR P.O.THRISSUR
W.P.(C).Nos.28618& 28635 of 2018
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DISTRICT - 680666
4 PROJECT ENGINEER, FEED BACK INFRA PRIVATE LIMITED,NO.14,LANGFORD GARDEN 1ST FLOOR,LANGFORD AVENUE,LALBAGH ROAD,(NEAR RICHMOD CIRCLE)BANGLAORE,INDIA 560025
5 MANATHALA GRAMA PANCHAYATH, THIRUVATHRA P.O.CHAVAKKAD THRISSUR,REPRESENTED BY ITS SECRETARY 680516 BY ADVS. SMT.KEERTHI SOLOMON SRI.THOMAS ANTONY GOVERNMENT PLEADER SRI.SUVIN R.MENON, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.11.2018, ALONG WITH WP(C).28618/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).Nos.28618& 28635 of 2018
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ALEXANDER THOMAS, J .
W.P.(C).Nos.28618 & 28635 of 2018
Dated this the 21st day of November, 2018.
J U D G M E N T
The main prayers in W.P.(C).No.28618/2018 are
as follows:
“a) Issue a Writ of Mandamus or any other appropriate writ order or direction commanding the respondents 1 to 3 to acquire land on the eastern and western side of the existing National Highway No.66 (Previously National Highway 17) equally, in the place where it passes through Manathala.
b) issue a Writ of Mandamus or any other appropriate writ order or direction commanding the respondents 1 to 3 to ignore the religious dimension of any structure situated on either side of the existing National Highway No.66 (Previously National Highway 17) for the purpose of acquisition.
c) issue a Writ of Mandamus or any other appropriate writ order or direction commanding the respondents 1 to 3 to take into consideration of the 4th respondent to limit the National Highway to 30 meters in places where it passes through important commercial areas.”
2. The main prayers in W.P.(C).No.28635/2018
are as follows:
“a) issue a Writ of Mandamus or any other appropriate writ order or direction commanding the respondent to acquire land abutting existing Manathala-Blangad Road on the eastern side which is not sought to be acquired at present going by Ext.P6 sketch prepared by the petitioners.
W.P.(C).Nos.28618& 28635 of 2018
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b) Issue a Writ of Mandamus or any other appropriate writ order or direction commanding the respondent to ignore the religious dimension of any structure situated on the western side of existing Manathala-Blangad Road for the purpose of acquisition of National Highway No:66 (previously National Highway 17).”
3. The matter in issue is covered by the judgment dated 19.11.2018 rendered by this Court in W.P.(C).No.30167/2018 and connected cases.
In the light of the dismissal of W.P.(C).
No.30167/2018 and connected cases, the present Writ Petitions will also stand dismissed. For the sake of clarity, it is ordered that the Registry
will place a copy of the judgment in
W.P(C).No.30167/2018 and connected cases, as an appendix to this judgment.
Sd/-
ALEXANDER THOMAS,
JUDGE.
Bkn/-
W.P.(C).Nos.28618& 28635 of 2018
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APPENDIX OF WP(C) 28618/2018
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE TAX RECEIPT NO. 0219966 DATED 08.08.2018 OF THE 1ST PETITIONER. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE TAX RECEIPT NO. 1781058 DATED 26.6.2018 OF THE 2ND PETITIONER. |
| EXHIBIT P3 | TRUE COPY OF THE NOTIFICATION DATED 8.7.2017 ISSUED BY THE NATIONAL HIGHWAY AUTHORITY. |
| EXHIBIT P4 | TRUE COPYOF THE SKETCH ISSUED BY THE WILBERSMITH ASSOCIATES, BANGALORE IN 2013. |
| EXHIBIT P5 | TRUE COPY OF THE SKETCH ISSUED BY THE FEED BACK INFRA PRIVATE LIMITED, BANGALORE IN 2018. |
APPENDIX OF WP(C) 28635/2018
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE TAX RECEIPT NO 0220019 DATED 13.8.2018 OF THE 1ST PETITIONER. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE TAX RECEIPT NO 0220053 DATED 13.8.2018 OF THE 2ND PETITIONER. |
| EXHIBIT P3 | TRUE COPY OF THE TAX RECEIPT NO 0154118 DATED 10.7.2018 OF THE 3RD PETITIONER |
| EXHIBIT P4 | TRUE COPY OF THE NOTIFICATION DATED 8.7.2017 ISSUED BY THE NATIONAL HIGHWAY AUTHORITY. |
| EXHIBIT P5 | TRUE COPY OF THE SKETCH ISSUED BY THE WILBERSMITH ASSOCIATES, BANGALORE IN 2003 |
| EXHIBIT P6 | TRUE COPY OF THE ROUGH SKETCH PREPARED BY THE PETITIONERS SHOWING THE EXISITNG MANATHALA- BALANGAD ROAD AND THE PROPOSED HIGHWAY AND 20 METERS SPACE IN BETWEEN THE SAME. |
| EXHIBIT P7 | TRUE COPY OF THE SKETCH ISSUED BY THE FEED BACK INFRA PRIVATE LIMITED, BANGALORE IN 2018 |
ADDITIONAL APPENDIX- JUDGMENT DTD. 19.11.2018 IN W.P(C).NO.30167/2018
3 issues framed by the court
Whether writ petitions challenging land acquisition for highway expansion should be allowed in light of a connected case dismissal.
Whether the High Court should dismiss the present petitions based on the outcome of W.P.(C).No.30167/2018.
Whether the acquisition plans regarding road width and religious structures need fresh consideration.
Colour shows how this judgement treated each authority
W.P.(C).No.30167/2018Relied on¶58
N S Sathyarajan
Kunjamin
Union of India
Project Director, Project Implementation Cochin
Special Deputy Collector
Project Engineer, Feed Back Infra Private Limited
Alexander Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
