Disposed
Abdul Jaleel v. the Union of India
Kerala HCWP(C)/29347/2018
Case brief
from the order text
What is this about?
COURT OF KERALA AT ERNAKULAM PRESENT THE…
What the court decided
AI extract
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
TUESDAY, THE 27TH DAY OF NOVEMBER 2018 / 6TH AGRAHAYANA, 1940 WP(C).No.29347 of 2018
PETITIONER:
ABDUL JALEEL AGED 65 YEARS MACHU VEEDU, MYLAKKADU P.O KOLLAM, PINCODE-691571. BY ADV. SRI.J.HARIKUMAR
RESPONDENTS:
1 THE UNION OF INDIA REP. BY THE SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN, 1, PARLIAMENT STREET, NEW DELHI-110001.
2 THE NATIONAL HIGHWAY AUTHORITY OF INDIA REP.BY ITS CHAIRMAN, G-5 & 6, SECTOR -10, DWARAKA, NEW DELHI-110075
3 THE DEPUTY COLLECTOR AND COMPETENT AUTHORITY(LA) FOR NATIONAL HIGHWAY-47(NH 66), COLLECTORATE, KOLLAM-691013.
4 THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT (KERALA REGION), TC 36/414(5), KOYIKKAL VEEDU, KAVU LANE, PALAKULANGARA, THIRUVANANTHAPURAM-695024.
BY
SRI.JESTIN MATHEW, GOVERNMENT PLEADER FOR R3 SRI.SUVIN R.MENON, CGC FOR R1 SRI.THOMAS ANTONY FOR R2 & R4
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.29347 of 2018
2
ALEXANDER THOMAS, J. =================================
W.P(C)No.29347 of 2018
=================================
Dated this the 27th day of November, 2018
JUDGMENT
The grievance of the petitioner 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 respondent authorities concerned in respect of extent property owned by the petitioner which is larger than the one shown in the Section 3A notifications. The petitioner 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 concerned in terms of
WP(C).No.29347 of 2018
3
the specific provisions contained in Section 3 of the National Highway Act, 1956. Further the case of the petitioner 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 this acquisition, even though the acquisition has been carried out as per the National Highways Act, 1956. This contention of the petitioner is raised on the basis of the provisions contained in the Ordinance promulgated in 2015 amending the provisions of the above said 2013 Act.
2. The prayers in this Writ Petitioner
are as follows:
WP(C).No.29347 of 2018
4
b) Direction to the respondents that the petitioner cannot be dispossessed of his properties and building in excess of the area notifed for acquisition Resurvey No.456/1/2 of Block No.28 of Adichanallur Village in Exhibit P3.
c) Direction to the 3rd 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.
d) Such other reliefs as are deemed fit and proper by this Honourable Court in the facts and circumstances of this case.”
3. Heard Sri.J.Harikumar, the learned
counsel for the petitioner,
Sri.Thomas Antony, the learned Standing Counsel for the respondent NHAI appearing for R-2 & R-4, Sri.Suvin R.Menon, the learned Central Government Counsel appearing for R-1 and Sri.Jestin Mathew, the learned Government Pleader appearing for R-3.
WP(C).No.29347 of 2018
5
4. 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:
“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. 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.
5. With regard to the contentions of the petitioners in respect of right to fair compensation, it is submitted in
WP(C).No.29347 of 2018
6
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.
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.
The writ petitions are ordered accordingly.”
5. A perusal of the pleadings of the respondent NHAI filed in this case 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
WP(C).No.29347 of 2018
7
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 petitioner, etc. 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 petitioner
regarding the applicability of better compensatory benefits under the new 2013 Act, it is stated in the pleadings of the respondent NHAI
WP(C).No.29347 of 2018
8
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.
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 recorded. The writ petition is disposed of directing that the declaration under Section 3D shall be finalised only in accordance with Section 3A (1) notification as presently issued, especially as far as the land area is concerned. Any further acquisition in respect of the
WP(C).No.29347 of 2018
9
properties belonging to the petitioner
pertaining to land areas in addition to the present Section 3A (1) notification is concerned, it is ordered that such additional land areas 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 petitioner 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.
With these observations and directions, the above Writ Petitions (Civil)will stand finally disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE
vgd/30.11.18
WP(C).No.29347 of 2018
10
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 18/05/2018. EXHIBIT P2 TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED BY THE ADICHANALLUR PANCHAYAT DATED 01/09/2018. EXHIBIT P3 TRUE COPY OF THE PAPER PUBLICATION IN MANORAMA DAILY DATED 10/03/2018. EXHIBIT P4 TRUE COPY OF THE PROCEEDING OF THE 3RD RESPONDENT DATED 28/07/2018. 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 10/08/2018. EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN WP(C)NO.16962/2018 OF THIS HONOURABLE COURT.
EXHIBIT P8 TRUE COPY OF THE INTERIM ORDER DATED 20/08/2018 IN WP(C)NO.27955/2018 OF THIS HONOURABLE COURT.
WP(C).No.29347 of 2018
11
RESPONDENTS' EXHIBITS:
EXHIBIT R4(A) THE ORDER NO.A2-139/18 (443) DATED 10.07.2018 EXHIBIT R4(B) THE ORDER NO.A2-139/18(577) DATED 11/07/2018
ANNEXURE R2(A) TRUE COPY OF THE LAND ACQUISITION PLAN
3 issues framed by the court
Whether land acquisition can be carried out in excess of the area specified in the Section 3A notification.
Whether the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 compensation schedules apply to acquisition under the National Highways Act, 1956
Whether further acquisition of additional land requires a fresh Section 3A(1) notification before finalisation of the declaration under Section 3D.
Colour shows how this judgement treated each authority
4 provisions across 3 enactments
ABDUL JALEEL
THE UNION OF INDIA REP. BY THE SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS
THE NATIONAL HIGHWAY AUTHORITY OF INDIA REP.BY ITS CHAIRMAN
THE DEPUTY COLLECTOR AND COMPETENT AUTHORITY(LA) FOR NATIONAL HIGHWAY-47(NH 66)
THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT (KERALA REGION)
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court