Disposed

Nassar v. the Union of India

Kerala HC7 Dec 2018WP(C)/30261/2018

Case brief

AI extract

What is this about?

The Court held that the directions in the common judgment dated 15.10.2018 in WP(C).No.29657/2018 apply contextually to the present facts. The respondents, particularly R-2, R-3, and R-4, are directed to comply with those orders, and the petition is disposed of accordingly.

What did the court decide?

Directions and orders from the common judgment dated 15.10.2018 applied to the present case; petition disposed of.

Nassar Vs the Union of India — Land Acquisition | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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FRIDAY, THE 7TH DAY OF DECEMBER 2018 / 16TH AGRAHAYANA, 1940

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WP(C).No. 30261 of 2018

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PETITIONER/S:

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NASSAR, AGED 58 YEARS, S/O. HANEEFAKUNJU, MULLETHU VEEDU, MYLAKKADU PO, KOLLAM, PINCODE-691571

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BY ADV. SRI.J.HARIKUMAR

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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

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

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

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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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SRI.S.VAIDHYANATHAN , CGC FOR R1, SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER FOR R3, SRI.THOMAS ANTONY, SC FOR R2, R4

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ALEXANDER THOMAS, J.

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W.P.(C)No.30261 of 2018

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Dated this the 7^th day of December, 2018

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J U D G M E N T

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The prayers in the above Writ Petition (Civil) are as follows.

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" i. 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.463/21 of Block No.28 of Adichanallur Village in Exhibit P2, belonging to the Petitioner.

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ii. Direction to the respondents that the petitioner cannot be dispossessed of his properties and building in excess of the area notified for acquisition in Resurvey No.463/21 of Block No.28 of Adichanallur Village in Exhibit P2.

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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.

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iii. Such other reliefs as are deemed fit and proper by this Honourable Court in the facts and circumstances of this case. "

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Heard Sri.J.Harikumar, learned counsel appearing for the

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petitioner, Sri. Saigi Jacob Palatty, learned Senior Government Pleader appearing for R-3, Sri.Thomas Antony, learned Standing Counsel for NHAI appearing for R-2 & R-4 and Sri.S.Vaidyanathan, learned Central Government Counsel (CGC) appearing for R-1.

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Sri.J.Harikumar, learned counsel appearing for the

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..3..

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W.P.(C).No.30261/2018

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petitioner would submit that the matter in issue is covered by a series of judgments by this Court as in the common judgment dated 15.10.2018 in WP(C).No.29657/2018 and connected cases and as well as other judgments in similar writ petitions. The abovesaid submission made by the petitioner is confirmed by the other side.

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Accordingly it is ordered that the directions and orders issued by this Court in the common judgment dated 15.10.2018 in WP(C).No.29657/2018 and connected cases will contextually apply to the facts and circumstances of this case as well and consequently the directions and orders issued by this Court in WP(C).No.29657/2018 will have to be complied with by the respondents concerned, more particularly respondents 2, 3 & 4 in the case of present writ petition as well. For the sake of clarity it is ordered that the Registry will place a copy of the judgment dated 15.10.2018 in WP(C).No.29657/2018 as an appendix to this judgment.

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

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Sd/-

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ALEXANDER THOMAS, JUDGE

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MMG

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W.P.(C).No.30261/2018

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..4..

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 06/11/2017 EXHIBIT P2 TRUE COPY OF THE PAPER PUBLICATION IN MATHRUBHUMI 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 OF THE REPRESENTATION DATED 10/8/2018 EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER DATED 06/09/2018 IN WP(C) NO. 29371/2018 OF THIS HONOURABLE COURT.

Nassar v. the Union of India

Case brief

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What did the court decide?

Nassar v. the Union of India

Case brief

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