Disposed

Najiya, v. Union of India

Kerala HC26 Jul 2019WP(C)/4402/2019

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of two writ petitions challenging 3A notifications issued in February 2018 under the National Highway Act. The court held that since no 3D notification followed within one year, the notifications had lapsed. Petitioners were directed to approach the court with fresh cause of action based on the expired status.

What did the court decide?

Writ petitions disposed of with liberty to the petitioners to approach this court based on fresh cause of action.

Najiya, Vs Union of India — Land Acquisition | Kerala HC (2019)

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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 A.MUHAMED MUSTAQUE

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FRIDAY, THE 26TH DAY OF JULY 2019 / 4TH SRAVANA, 1941

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WP(C).No.4166 OF 2019(U)

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PETITIONERS:

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1 J.RAVEENDRANADHAN, AGED 65 YEARS S/O JANARDHANAN, RAVEENDRA VILASAM, PUTHENKULAM P.O.KOLLAM 691 302.

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2 K.SUDHAKARAN, AGED 64 YEARS S/O KRISHNAN, CHARUVILA HOUSE, KARAMKODE P.O.SEEMATTI MUKKU, CHATHANNOOR, KOLLAM-691 579

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3 NOUSHAD M, AGED 46 YEARS S/O MAJEEDKUTTY, AI AISWARAYA MANZIL, KARAMKODE P.O.SEEMATTI MUKKU, CHATHANNOOR, KOLLAM 691 579

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BY ADVS. SRI.P.B.KRISHNAN SRI.P.M.NEELAKANDAN SRI.P.B.SUBRAMANYAN SRI.SABU GEORGE SRI.MANU VYASAN PETER

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RESPONDENTS:

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1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAY,TRANSPORT BHAWAN 1, PARLIAMENT STREET, NEW DELHI 110 001.

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WP(C).Nos.4166/19 & 4402/19

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..2..

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2 NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI) PROJECT IMPLEMENTATION UNIT, 1ST FLOOR T.C.36/574-1, KRISHAN KRIPA, ERA-42, PALKULANGARA JN, THIRUVANANTHAPURAM-695 024,REPRESENTED BY ITS PROJECT DIRECTOR.

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3 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM695 001.

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4 THE DISTRICT COLLECTOR KOLLAM, COLLECTORATE, CIVIL STATION, KOLLAM 691 013.

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5 SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY, LA NATIONAL HIGHWAYS, CIVIL STATION,COLLECTORATE, KOLLLAM 691 013.

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6 THE REGIONAL OFFICER, NHARI REGIONAL OFFICE, TC 86/1036-1, AMBLY ARCADE, S.N.N.R.A-9,PETTAH P.O.THIRUVANANTHAPURAM , KERALA 695 024.

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R1 BY SMT.I. SHEELA DEVI, CGC R2 BY ADV. SRI.K.A.SALIL NARAYANAN R5 BY GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.07.2019, ALONG WITH WP(C).4402/2019(A), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).Nos.4166/19 & 4402/19

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..3..

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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 A.MUHAMED MUSTAQUE

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FRIDAY, THE 26TH DAY OF JULY 2019 / 4TH SRAVANA, 1941

¶28

WP(C).No.4402 OF 2019(A)

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PETITIONERS:

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1 NAJIYA, AGED 27 YEARS D/O NAZAR, NAJIYA MANZIL, KARAMKODE P.O., SEEMATTI KUKKU, CHATHANNOOR, KOLLAM-691579.

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2 KUMARI, AGED 55 YEARS W/O CHELLAPPAN PILLA AYYAPPAN PILLA, V.V. BHAVAN, KARAMKODE P.O., SEEMATTI MUKKU, CHATHANNOOR, KOLLAM-691579.

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3 ANIAMMA BABU, AGED 53 YEARS W/O ABBU LUKE, NIDHIN VILLA, KARAMKODE P.O., SEEMATTI MUKKU, CHATHANNOOR, KOLLAM-691579.

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4 SARAMMA THOMAS, AGED 68 YEARS W/O THOMAS, AJAY BHAVAN, KARAMKODE P.O., SEEMATTI MUKKU, CHATHANNOOR, KOLLAM-691579.

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5 P. KAMALAMMA, AGED 50 YEARS W/O RAGHUNATHAN PILLA, RESHMA NIVAS, KARAMKODE P.O., SEEMATTI MUKKU, CHATHANNOOR, KOLLAM-691579.

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WP(C).Nos.4166/19 & 4402/19

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..4..

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6	P.O. CHERIYAN, AGED 62 YEARS
	S/O OOMMAN, ANEESH VILLA, KARAMKODE P.O., SEEMATTI MUKKU, CHATHANNOOR, KOLLAM-691579.
7	K. MANOHARAN, AGED 70 YEARS S/O KRISHNAN, MALAVILA HOUSE, KARAMKODE P.O., SEEMATTI MUKKU, CHATHANNOOR, KOLLAM-691579.
8	RAJEEV G., AGED 46 YEARS S/O GOPI, SADHEESA, KARAMKODE P.O., SEEMATTI MUKKU, CHATHANNOOR, KOLLAM-691579.
9	K. GEORGE, AGED 68 YEARS S/O KOSHY, VASANTH VIHAR, KARAMKODE P.O., SEEMATTI MUKKU, CHATHANNOOR, KOLLAM-691579.
10	SEENA, AGED 45 YEARS W/O BIJU @ MATHEW, UDIKKAVILAVEEDU, KARAMKODE
	P.O., SEEMATTI MUKKU, CHATHANNOOR, KOLLAM- 691579.
11	K.V. KAVIRAJ, AGED 63 YEARS
	S/O VIDHYADHARA VAIDYAR, V.K. NIVAS, KARAMKODE P.O., SEEMATTI MUKKU, CHATHANNOOR, KOLLAM-691579.
12	P.PRABHAKARAN, AGED 68 YEARS S/O K. PARAMU, CHITRA NIVAS, KARAMKODE P.O., SEEMATTI MUKKU, CHATHANNOOR, KOLLAM-691579.
13	A.K. SHAJAHAN, AGED 71 YEARS
	S/O ABDUKHARIM, SABOOR, KARAMKODE P.O.,
	SEEMATTI MUKKU, CHATHANNOOR, KOLLAM-691579.

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WP(C).Nos.4166/19 & 4402/19

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..5..

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14 M.K. MAJIDHA BEEVI, AGED 58 YEARS W/O A.K. SHAJAHAN, SABOOR, KARAMKODE P.O., SEEMATTI MUKKU, CHATHANNOOR, KOLLAM-691579.

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15 A.K. SALIM, AGED 62 YEARS S/O ABDULKHARIM, FAIR VIEW, KARAMKODE P.O., SEEMATTI MUKKU, CHATHANNOOR, KOLLAM-691579.

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16 A.K. SHAMSUDDIN, AGED 71 YEARS S/O ABDULKHARIM, SHAMS VILLA, KARAMKODE P.O., SEEMATTI MUKKU, CHATHANNOOR, KOLLAM-691579.

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BY ADVS. SRI.P.B.KRISHNAN SRI.P.M.NEELAKANDAN SRI.P.B.SUBRAMANYAN SRI.SABU GEORGE SRI.MANU VYASAN PETER

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RESPONDENTS:

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

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2 NATIONAL HGIHWAY AUTHORITY OF INDIA (NHAI), PROJECT IMPLEMENTATION UNIT, 1ST FLOOR, T.C.36/574-1, KRISHNA KRIPA, ERA-42, PALKULANGARA JN., THIRUVANANTHAPURAM-695 024, REPRESENTED BY ITS PROJECT DIRECTOR.

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3 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM695 001.

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WP(C).Nos.4166/19 & 4402/19

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..6..

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4 THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KOLLAM-691 013.

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5 SPECIAL DEPUTY COLLECTOR AND COMPLETENT AUTHORITY, LA NATIONAL HIGHWAY, CIVIL STATION, COLLECTORATE, KOLLAM-691 013.

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6 THE REGIONAL OFFICER, NHAI REGIONAL OFFICE, T.C.86/1036-A, AMBILY ARCADE, S.N.N.R.A.-9, PETTAH P.O., THIRUVANANTHAPURAM, KERALA-695 024.

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R1 BY SMT.I. SHEELA DEVI, CGC R2 BY ADV. SRI.K.A.SALIL NARAYANAN R5 BY GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.07.2019, ALONG WITH WP(C).4166/2019(U), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).Nos.4166/19 & 4402/19

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..7..

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JUDGMENT

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These writ petitions were filed challenging 3A notifications issued under the National Highway Act. The 3A notification were issued in february 2018. Admittedly, no 3D notification was followed within one year. So, the impugned notification have been lapsed. Petitioner is free to approach this court, based on fresh cause of action. With liberty as above, these writ petitions are disposed.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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PR/26.07.2019

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WP(C).Nos.4166/19 & 4402/19

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..8..

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APPENDIX OF WP(C) 4166/2019

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PETITIONERS EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE SALE DEED DATED 6.12.2011 REGISTERED AS DOCUMENT NO 5235 OF 2011 IN THE CHATHANNOOR SRO.

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EXHIBIT P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED 12.4.2018 ISSUED FROM THE MEENAD VILLAGE TO PETITIONER NO 2

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EXHIBIT P3 TRUE COPY OF THE BASIC TAX RECEIPT DATED 18.8.2017 ISSUED FROM THE MEENAD VILLAGE TO PETITIONER NO 3

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EXHIBIT P4 TRUE COPY OF THE BASIC TAX RECEIPT DATED 9.10.2015 ISSUED FROM THE MEENAD VILLAGE TO THE MOTHER OF PETITIONER NO 3

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EXHIBIT P5 TRUE COPY OF THE RELEVANT PORTION OF THE NOTIFICATION PUBLISHED BY RESPONDENT NO 5 IN THE MALAYALA MANORAMA DAILY DATED 10.3.2018

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EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 11.3.2018 SUBMITTED BY PETITIONER NO 2 BEFORE RESPONDENT NO 5

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EXHIBIT P7 TRUE COPY OF THE ORDER DATED 4.10.2018 ISSUED BY RESPONDENT NO 5 TO PETITIONER NO 2.

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EXHIBIT P8 TRUE COPY OF REPRESENTATION DATED 5.2.2019 SUBMITTED BEFORE RESPONDENT NO 6.

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WP(C).Nos.4166/19 & 4402/19

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..9..

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EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 5.2.2019 SUBMITTED BEFORE RESPONDENT NO 4.

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EXHIBIT P10 A TRUE COPY OF LETTER NO.A2-136/18 (167) DATED 29.09.2018 ISSUED BY RESPONDENT NO.5 TO PETITIONER NO.3

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RESPONDENTS EXHIBITS:

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EXHIBIT R2A

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TRUE COPY OF THE SKETCH SHOWING THE LAND ACQUISITION PLAN FROM CH.509/600CH.511/600.

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WP(C).Nos.4166/19 & 4402/19

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..10..

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APPENDIX OF WP(C) 4402/2019

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PETITIONERS EXHIBITS:

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EXHIBIT P1

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TRUE COPY OF THE RELEVANT PORTION OF THE NOTIFICATION PUBLISHED BY RESPONDENT NO.5 INT HE MALAYALA MANORAMA DAILY DATED 10.3.2018

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EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 5.2.2019 SUBMITTED BEFORE RESPONDENT NO.6

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EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 5.2.2019 SUBMITTED BEFORE RESPONDENT NO.4

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RESPONDENTS EXHIBITS:

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EXHIBIT R2A TRUE COPY OF THE LAND ACQUISITION PLAN FROM CH. 509/000 TO CH.513/000.

Najiya, v. Union of India

Case brief

What is this about?

What did the court decide?

Najiya, v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

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