Abdu v. Union of India
Case brief
What is this about?
The Court dismissed writ petitions challenging land acquisition for National Highway 66 expansion. It held that alignment is a technical matter beyond judicial review and compensation under the 2013 Act addresses equality concerns.
What did the court decide?
Dismissal of all writ petitions (Civil) No. 30167, 30198, and 30400 of 2018.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ALEXANDER THOMAS
MONDAY, THE 19TH DAY OF NOVEMBER 2018/28TH KARTHIKA, 1940
WP(C).No.30167 of 2018
PETITIONERS:
1 ABDU S/O.KUNJI MOIDU, AGED 77 YEARS, VILAKKATHARA, EDAKKAZHIYUR VILLAGE, CHAVAKKAD-680515.
2 SALEEM NARANATH, S/O.ABDU, AGED 45 YEARS, VILAKKATHARA, EDAKKAZHIYUR VILLAGE, CHAVAKKAD-680515.
BY ADVOCATE SRI.JOSWIN THAMBI KUNNATH
RESPONDENTS:
1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, GOVERNMENT OF INDIA, NEW DELHI-110001.
Issues for consideration
3 issues framed by the court
Whether the petitioners have made out cogent grounds for judicial review to interdict land acquisition proceedings.
Whether the selection of one side for acquisition over the other violates the right to equality.
Whether compensation under the 2013 Act cures discrimination arising from acquisition under the 1956 Act.
Parties & counsel
- petitioner
Abdu S/o.Kunji Moide
- petitioner
Saleem Naranath
- petitioner
Sharafudeen
- petitioner
Prabhakaran
- petitioner
Khadhija
- respondent
Case details
As recorded by the court registry
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