Landowners challenged an NH-66 widening acquisition notification as vague about the properties affected. The court disposed of the petitions, recording the highway authority's stand that the acquisition declaration and compensation notice covered only properties included in the initial notifications.
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 ANIL K.NARENDRAN
TUESDAY, THE 15TH DAY OF SEPTEMBER 2020 / 24TH BHADRA, 1942
W.P.(C)No.39552 OF 2018(T)
PETITIONERS:
1 ABDUL LATHIF, AGED 60 YEARS S/O. AMBALATHUVEETTIL HAMEED, AMBALATHUVEETTIL HOUSE,CHAVAKKAD TALUK, VALLAPPADU P.O, THRISSUR-680568.
AGED 74 YEARS
S/O. ABDUL KHADER, 901,NEDIYAPARAMBIL HOUSE, CHAVAKKAD TALUK, VALLAPPADU P.O, THRISSUR-680568.
S/O. KOLPARAMBIL MOOSA, KOLPARAMBIL HOUSE, MOONUPEEDIKA BEACH ROAD,PERINJANAM, THRISSUR DISTRICT-680568.
BY ADVS. SMT.JAYASREE K.P. SHRI.BABU P.P.
RESPONDENTS:
W.P.(C)Nos.39552, 28255, 30661 & 40470 of 2018
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6 THE DEPUTY COLLECTOR, SPECIAL (LA),NH-17 (NEW NH -66) KODUNGALLUR P.O, THRISSUR DISTRICT.
R1-R2 BY SRI.R.PRASANTH KUMAR, CGC R5 BY B.G.BIDAN CHANDRAN, SC, NHAI R3, R4 & R6 BY SMT.A.C.VIDYA, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.09.2020, ALONG WITH WP(C).28255/2018(F), WP(C).30661/2018(G), WP(C).40470/2018(G), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.39552, 28255, 30661 & 40470 of 2018
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
TUESDAY, THE 15TH DAY OF SEPTEMBER 2020 / 24TH BHADRA, 1942
W.P.(C)No.28255 OF 2018(F)
PETITIONERS:
W.P.(C)Nos.39552, 28255, 30661 & 40470 of 2018
4
8 SAVITHA K.G, AGED 52 YEARS W/O PRAFFULLA KUMAR, THALIKULAM VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT.
BY ADV. JAYASREE MANOJ
RESPONDENTS:
1 UNION OF INDIA REP. BY ITS SECRETARY, MINISTRY OF RAOD TRANSPORT AND HIGHWAYS, NEW DELHI-110001
R1, R2 BY SMT.C.G.PREETHA, CGC R3,R4 & R6 BY SMT.A.C.VIDYA, GOVERNMENT PLEADER R5 BY SRI BIDAN CHANDRAN, SC, NHAI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.09.2020, ALONG WITH WP(C).30661/2018(G), WP(C).39552/2018(T), WP(C).40470/2018(G), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.39552, 28255, 30661 & 40470 of 2018
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
TUESDAY, THE 15TH DAY OF SEPTEMBER 2020 / 24TH BHADRA, 1942
WP(C).No.30661 OF 2018(G)
PETITIONERS:
1 SANTHOSH KUMAR, AGED 51 YEARS S/O LATE GANGADHARAN, RESIDING AT METHIL HOUSE, VALAPPAD PANCHAYATH, VALAPPAD PO, CHAVAKKAD TALUK, THRISSUR DISTRICT - 680567
3 SULEKHA ISMAIL
W/O.LATE ISMAIL.P.K., PUTHYIAVETTIL HOUSE, VALAPPAD VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN-680 567.
BY ADV. SMT.JAYASREE K.P.
RESPONDENTS:
3 STATE OF KERALA REPRESENTED BY THE SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
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R1-R2 BY SRI.S.VAIDYANATHAN, CGC R3-R4, R6 BY SMT.A.C.VIDYA, GOVERNMENT PLEADER R5 BY SRI.B.G.BIDAN CHANDRAN, SC, NHAI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.09.2020, ALONG WITH WP(C).28255/2018(F), WP(C).39552/2018(T), WP(C).40470/2018(G), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.39552, 28255, 30661 & 40470 of 2018
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
TUESDAY, THE 15TH DAY OF SEPTEMBER 2020 / 24TH BHADRA, 1942
W.P.(C)No.40470 OF 2018(G)
PETITIONERS:
VALLAPPADU.P.O,THRISSUR-680568.
VALAPPAD.P.O,THRISSUR DISTRICT-680568.
W.P.(C)Nos.39552, 28255, 30661 & 40470 of 2018
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9 SANTHOSH, AGED 50 YEARS S/O.CHANGIRI,KIZHAKKEPATTU HOUSE, ANNAVIZHUNGI,VALAPPAD.P.O,THRISSUR DISTRICT-680568.
12 AMMINI AGED 60 YEARS W/O BABU,KIZHAKKEPATTU HOUSE,VALAPPAD.P.O, THRISSUR DISTRICT-680568.
VALAPPAD.P.O,THRISSUR DISTRICT-680568.
BY ADV. SMT.JAYASREE K.P.
RESPONDENTS:
W.P.(C)Nos.39552, 28255, 30661 & 40470 of 2018
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R1 & R2 BY ADV. SRI.H.KIRAN, CGC R3,R4 & R6 BY SMT.A.C.VIDYA, GOVERNMENT PLEADER R5 BY ADV. SMT.R.ASHALATHA VARMA, SC, NHAI R5 BY ADV. SRI.B.G.BIDAN CHANDRAN,SC, NHAI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.09.2020, ALONG WITH WP(C).28255/2018(F), WP(C).30661/2018(G), WP(C).39552/2018(T), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.39552, 28255, 30661 & 40470 of 2018
10
JUDGMENT
W.P.(C)Nos.39552, 28255, 30661 & 40470 of 2018
The petitioners have filed these writ petitions under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P1 notification issued by the 1st respondent under subsection (1) of Section 3A of the National Highways Act, 1956 (for brevity, 'the NH Act'), which appeared in Malayala Manorama daily dated 26.06.2018 [which was published in the Official Gazette on 08.06.2018 vide S.O.2346 (E)], for acquiring land for the widening of National Highway-66. The common grievance of the petitioners in these writ petitions is that, Ext.P1 notification is vague as to the extent and other particulars of the properties required for acquisition and as such they are unable to assess the extent of loss that would result on account of acquisition of land, in order to claim adequate compensation.
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Office; the 2nd petitioner is the owner of an extent of 08.09 Ares in Survey No.237/1 of the same Village as per Sale Deed No.330/1975 of the same Sub Registry Office; the 3rd petitioner is the owner of an extent of 1.1 Ares of property in Survey No.237/1 of the same Village as per Sale Deed No.237/2012 of the same Sub Registry Office; the 1st petitioner in W.P.(C)No.28255 of 2018 is the owner of an extent of 26 Cents of land in Survey No.286/7 of Valappad Village in Thrissur District; the 2nd petitioner and her sons are the owners of an extent of 11½ Cents of land in Survey No.286/3; the 3rd petitioner is the owner of an extent of 16 ½ Cents of land in Survey No.583/2; the 4th petitioner and his brothers are the owners of an extent of 25.90 Ares of property in Survey No.286/6A; the 5th petitioner is the owner of 20 cents of property in Survey No.583/2; the 6th petitioner is the owner of an extent of 7.36 Ares of land in Survey No.286/5A2 and 2.63 Ares in Survey No.286/5A3; the 7th petitioner and one Muhammad Ali are the joint owners of properties having an extent of 10.19 Ares in Survey No.263/2, 0.44 Ares in Survey No.263/1, 8.70 Ares in Survey No.286/5B3, 1.472 Ares in Survey No.286/5A2 and 12.14 Ares in Survey No.583/2; the 8th petitioner and her husband are
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the co-owners of an extent of 6.48 Ares in Survey No.286/7, 7.28 Ares in Survey No.520/1 and 10.47 Ares in Survey No.259/5; the 1st petitioner in W.P.(C)No.30661 of 2018 is the owner of an extent of 7.69 Ares in Survey No.269/2 and an extent of 2.63 Ares in Survey No.269/3C of Valappad Village in Thrissur District; the 2nd petitioner is the owner of an extent of 16.83 Ares split up of 02.02 Ares in Survey No.188/7B, 08.30 in Survey No.269/2, 0040 Ares in Survey No.269/3B, 01.62 Ares in Survey No.269/3C and 04.49 Ares in Survey No.296/6; the husband of the 3rd petitioner is the owner of an extent of 14.57 Ares in survey No.286/7; the 1st petitioner in W.P.(C)No.40470 of 2018 and other co-owners are having an extent of 4.05 Ares in Survey No.237/1 of Valappad Village in Thrissur District; the 2nd petitioner and other co-owners are having an extent of 02.02 Ares in Survey No.237/1; the 3rd petitioner and other co-owners are having an extent of 0.0162 Ares in Survey No.237/5; the 4th petitioner is the owner of an extent of 02.02 Ares in Survey No.237/1; the 5th petitioner is the owner of an extent of 1.62 Ares in Survey No.237/1, the 6th petitioner is stated to be the owner of an extent of 1.78 Ares in Survey No.237/1; the 7th petitioner is the owner of an extent of
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3.58 Ares in Survey No.237/1; the 8th petitioner is the owner of an extent of 02.02 Ares in Survey No.237/5; the 9th petitioner is residing in the properties in Survey No.237/1; the 10th petitioner is the owner of an extent of 0.0324 Ares in Survey No.237/1; the 11th petitioner is the owner of an extent of 06.67 Ares in Survey No.237/1; the 12th petitioner is the owner of an extent of 008.8 Ares in Survey No.237/1; the 13th petitioner is the owner of an extent of 0.0162 Ares in Survey No.237/1; and the 14th petitioner is the owner of an extent of 0.0162 Ares in Survey No.237/1.
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2018, the petitioners have placed on record as Ext.P6, the notice dated 10.08.2020 issued by the 5th respondent Special Deputy Collector and Competent Authority, Land Acquisition (NH), Kodungallur, under Section 3G of the NH Act for the widening of National Highway-66 from 349.19km to 411.845km (Kappirikkad – Edappally Section). The said notice under Section 3G of the NH Act is one issued based on a Section 3D declaration notified by the Central Government in Official Gazette, vide S.O.1561 (E) and S.O.1562 (E) dated 09.04.2019 that the land should be acquired for the purpose mentioned in the notifications issued under subsection (1) of Section 3A, i.e., the notifications published by the Central Government in Official Gazette dated 08.06.2018, 29.11.2018, 21.06.2018, vide S.O.2364 (E), S.O.6015 (E) and S.O.3068 (E).
land, etc. As per sub-section (1) of Section 3A, where the Central
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Government is satisfied that for a public purpose any land is required for the building, maintenance, management or operation of a national highway or part thereof, it may, by notification in the Official Gazette, declare its intention to acquire such land. As per sub-section (2), every notification under sub-section (1) shall give a brief description of the land. As per sub-section (3), the competent authority shall cause the substance of the notification to be published in two local newspapers, one of which will be in a vernacular language.
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objections. As per sub-section (1) of Section 3C, any person interested in the land may, within twenty-one days from the date of publication of the notification under sub-section (1) of Section 3A, object to the use of the land for the purpose or purposes mentioned in that sub-section. As per sub-section (2), every objection under sub-section (1) shall be made to the competent authority in writing and shall set out the grounds thereof and the competent authority shall give the objector an opportunity of being heard, either in person or by a legal practitioner, and may, after hearing all such objections and after making such further enquiry, it any, as the competent authority thinks necessary, by order, either allow or disallow the objections. As per sub-section (3), any order made by the competent authority under subsection (2) shall be final.
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soon as may be, submit a report accordingly to the Central Government and on receipt of such report, the Central Government shall declare, by notification in the Official Gazette, that the land should be acquired for the purpose or purposes mentioned in sub-section (1) of Section 3A. As per sub-section (2), on the publication of the declaration under sub-section (1), the land shall vest absolutely in the Central Government free from all encumbrances. As per sub-section (3), where in respect of any land, a notification has been published under sub-section (1) of Section 3A for its acquisition but no declaration under sub-section (1) has been published within a period of one year from the date of publication of that notification, the said notification shall cease to have any effect. As per the proviso to sub-section (3), in computing the said period of one year, the period or periods during which any action or proceedings to be taken in pursuance of the notification issued under sub-section (1) of Section 3A is stayed by an order of a court shall be excluded. As per subsection (4), a declaration made by the Central Government under sub-section (1) shall not be called in question in any court or by any other authority. As per Section 3J, nothing in the Land
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Acquisition Act, 1894 shall apply to an acquisition under the NH Act.
11. In Competent Authority v. Barangore Jute Factory
[(2005) 13 SCC 477] the Apex Court was dealing with a case in which the impugned notification under sub-section (1) of Section 3A of the NH Act was under challenge on the ground that it does not give a brief description of the land sought to be compulsorily acquired. The Apex Court noticed that, as per sub-section (1) of Section 3A, where the Central Government is satisfied that for a public purpose, any land is required for the building, maintenance, management or operation of a national highway or part thereof, it may, by notification in the Official Gazette, declare its intention to acquire such land. Sub-section (2) of Section 3A provides that every notification under sub-section (1) shall give a brief description of the land. Under sub-section (3), the competent authority is required to cause the substance of the notification to be published in two local newspapers, one of which will be in a vernacular language. So far as the question whether the impugned Notification meets the requirement of sub-section (1) of Section 3A regarding giving brief description of land is concerned,
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the Apex Court noticed that, even though plot numbers of land in respect of each mouza are given, different pieces of land are acquired either as whole or in part. Wherever the acquisition is of a portion of a bigger piece of land, there is no description as to which portion was being acquired. Unless it is known as to which portion was to be acquired, the petitioners would be unable to understand the impact of acquisition or to raise any objection about user of the acquired land for the purposes specified under the Act or to make a claim for compensation. Where a statute requires a particular act to be done in a particular manner, the act has to be done in that manner alone. Every word of the statute has to be given its due meaning. The Apex Court held that, the impugned notification fails to meet the statutory mandate of subsection (2) of Section 3A. It is vague. The least that is required in such cases is that the acquisition notification should let the person whose land is sought to be acquired know what he is going to lose. The impugned notification under sub-section (1) of Section 3A is, therefore, not in accordance with the law.
Competent Authority and another [2009 (4) KLT SN 10] a
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Division Bench of this Court held that Section 3D of the NH Act provides for the making of a declaration that the land in relation to which that notification is issued should be acquired for the public purpose. Such declaration is preceded by a notification under sub-section (1) of Section 3A, following which the authority gets the power to enter for survey, etc., in terms of Section 3B. Once declaration is made in terms of Section 3D, the land vests absolutely in the Central Government free of all encumbrances by virtue of sub-section (2) of Section 3D.
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S.O.3068 (E), should be acquired for the purpose mentioned in those notifications.
Having considered the submission made by the learned counsel on both sides, these writ petitions are disposed of, taking note of the law laid down in the decisions referred to supra, and
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also the stand taken by the 5th respondent NHAI that, only the properties included in the notifications issued under sub-section(1) of Section 3A of the NH Act, published in Official Gazette dated 08.06.2018, 29.11.2018, 21.06.2018, vide S.O.2364 (E), S.O.6015 (E) and S.O.3068 (E), are included in Section 3D declaration notified by the Central Government in Official Gazette, vide S.O.1561 (E) and S.O.1562 (E) dated 09.04.2019, and in the notice dated 10.08.2020 [marked as Ext.P6 in W.P.(C)No.39552 of 2018] issued by the 5th respondent under Section 3G of the NH Act, for the widening of National Highway-66 from 349.19km to 411.845km (Kappirikkad – Edappally Section).
No order as to costs.
Sd/-
ANIL K. NARENDRAN
JUDGE
JV
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APPENDIX OF WP(C) 39552/2018
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE NOTIFICATION UNDER SECTION 3A(1) OF THE NATIONAL HIGHWAY ACT 1956 PUBLISHED IN THE MALAYALA MANORAMA DAILY DATED 26.6.2018.
EXHIBIT P2 A TRUE COPY OF RECEIPT GIVEN BY THE 6TH RESPONDENT TO THE OBJECTION FILED BY THE FIRST PETITIONER TO EXHIBIT P1 NOTIFICATION.
EXHIBIT P3 A TRUE COPY OF THE ALIGNMENT SKETCH FOR NATIONAL HIGHWAY WIDENING FOR THE YEAR 2018 PREPARED BY THE NATIONAL HIGHWAY AUTHORITY AND OBTAINED ONE P.S. ABDUL KAREEM UNDER THE RIGHT TO INFORMATION ACT.
EXHIBIT P4 A TRUE COPY OF THE PORTION OF THE ALIGNMENT SKETCH FOR THE YEAR 2012.
EXHIBIT P5 A TRUE COPY OF THE RECEIPT DATED 2.7.2018 ISSUED BY THE 6TH RESPONDENT TO THE 2ND PETITIONER.
EXHIBIT P6 A TRUE COPY OF THE NOTICE UNDER SECTION 3(G)3 OF THE NATIONAL HIGHWAYS ACT, 1956 ISSUED BY THE 6TH RESPONDENT AND PUBLISHED IN MALAYALA MANORAMA DAILY DATED 10/8/2020
RESPONDENTS' EXHIBITS:
| ANNEXURE R6(A) TURE COPY OF |
HTE R | EMARKS DATED 12.10.2018 |
|---|---|---|
| ANNEXURE R6(B) TRUE COPY OF |
ORDER | DATED 15.11.2018 |
| ANNEXURE R6(C) A TRUE COPY |
OF THE | ORDER DATED 15.11.2018 |
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APPENDIX OF WP(C) 28255/2018
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | A TRUE COPY OF SECTION 3A(1) 1956 PUBLISHED DAILY DATED 26 |
THE NOTIFICATION UNDER OF THE NATIONAL HIGHWAY ACT IN THE MALAYALA MANORAMA .6.2018. |
|---|---|---|
| EXHIBIT P2 | A TRUE COPY OF FIRST PETITION |
THE OBJECTION FILED BY THE ER TO EXT.P1 NOTIFICATION. |
| EXHIBIT P3 | A TRUE COPY OF 7.7.2018 SUBMI 6TH RESPONDENT INFORMATION AC |
THE APPLICATION DATED TTED BY THE PETITIONER TO THE UNDER THE RIGHT TO T. |
| EXHIBIT P3 (A) | A TRUE COPY OF THE 6TH RESPON |
THE REPLY GIVEN TO EXT.P3 BY DENT. |
| EXHIBIT P4 | A TRUE COPY OF RESPONDENT BY THE RIGHT TO I |
THE SKETCH GIVEN BY THE 6TH THE FIRST PETITIONER UNDER NFORMATION ACT. |
| EXHIBIT P5 | TRUE COPY OF T P4 SHOWING THE THROUGH PROPER |
HE RELEVANT PAGE OF EXHIBIT PROPOSED ALIGNMENT PASSING TY OF THE FIRST PETITIONER. |
| EXHIBIT P6 | A TRUE COPY OF SKETCH FOR THE |
THE PORTION OF THE ALIGNMENT YEAR 2012. |
| EXHIBIT P7 | A TRUE COPY OF 2ND PETITIONER NOTIFICATION. |
THE OBJECTION FILED BY THE AND HER SONS TO EXHIBIT P1 |
| EXHIBIT P8 | A TRUE COPY OF 5TH PETITIONER |
THE OBJECTION FILED BY THE TO EXHIBIT P1 NOTIFICATION. |
| EXHIBIT P9 | A TRUE COPY OF ISSUED BY THE PETITIONER |
HTE ORDER DATED 21.11.2018 6TH RESPONDENT TO THE 1ST |
| EXHIBIT P10 | A TRUE COPY OF PASSED BY THE |
HTE ORDER DATED 31.12.2018 6TH RESPONDENT |
| EXHIBIT P11 | A TRUE COPY OF PASSED BY THE |
HTE ORDER DATED 21.11.2018 6TH RESPONDENT REJECTING |
W.P.(C)Nos.39552, 28255, 30661 & 40470 of 2018
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OBJECTION FILED BY THE 4TH PETITIONER
EXHIBIT P12 A TRUE COPY OF HTE OBJECTION TO SECTION 3A NOTIFICATION SERVED TO THE 2ND PETITIONER
RESPONDENTS' EXHIBITS:
EXHIBIT R5 SKETCH ALLIGNMENT
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APPENDIX OF WP(C) 30661/2018
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE NOTIFICATION UNDER SECTION 3A(1) OF THE NATIONAL HIGHWAY ACT 1956 |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE PARTITION DEED NO.901/2011 OF THE THRIPRAYAR SUB REGISTRY. |
| EXHIBIT P3 | TRUE COPY OF THE BASIC TAX RECEIPT DATED 18.04.2018 ISSUED BY THE VALAPPAD VILLAGE OFFICE. |
| EXHIBIT P4 | TRUE COPY OF THE BASIC TAX RECEIPT DATED 18.04.2018 ISSUED BY THE VALLAPPAD VILLAGE OFFICE TO THE 2ND PETITIONER. |
| EXHIBIT P5 | TRUE COPY OF THE PROPERTY TAX RECEIPTS DATED 19.09.2016 ISSUED BY THE VALAPPAD GRAMA PANCHAYAT TO THE 2ND PETITIONER IN RESPECT OF HIS RESIDENTIAL BUILDING. |
| EXHIBIT P6 | TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 19.09.2016 ISSUED BY THE VALAPPAD GRAMA PANCHAYAT TO THE 2ND PETITIONER IN RESPECT OF HIS RESIDENTIAL BUILDING. |
| EXHIBIT P7 | TRUE COPY OF THE PROPERTY TAX RECEIPTS DATED 19.09.2016 ISSUED BY THE VALAPPAD GRAMA PANCHAYAT TO THE 2ND PETITIONER IN RESPECT OF HIS RESIDENTIAL BUILDINGS. |
| EXHIBIT P8 | TRUE COPY OF THE PROPERTY TAX RECEIPTS DATED 19.09.2016 ISSUED BY THE VALAPPAD GRAMA PANCHAYAT TO THE 2ND PETITIONER IN RESPECT OF HIS COMMERCIAL BUILDING. |
| EXHIBIT P9 | TRUE COPY OF THE PROPERTY TAX RECEIPTS DATED 19.09.2016 ISSUED BY THE VALAPPAD GRAMA PANCHAYAT TO THE 2ND PETITIONER IN RESPECT OF HIS COMMERCIAL BUILDING. |
| EXHIBIT P10 | TRUE COPY OF THE SALE DEED NO.57 OF 1996 OF THRIPRAYAR SUB REGISTRY. |
| EXHIBIT P11 | TRUE COPY OF THE DEATH CERTIFICATE DATED |
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08.07.2015.
EXHIBIT P12 TRUE COPY OF THE NOTIFICATION ISSUED FOR ACQUISITION OF LAND FOR NATIONAL HIGHWAY WIDENING IN THE YEARS 2014.
EXHIBIT P13 TRUE COPY OF THE OBJECTION SUBMITTED BY THE FIRST PETITIONER TO THE 6TH RESPONDENT.
EXHIBIT P14 TRUE COPY OF THE RECEIPT DATED 06.07.2018 ISSUED BY THE 6TH RESPONDENT TO THE 2ND PETITIONER.
EXHIBIT P15 TRUE COPY OF THE RECEIPT DATED 13.07.2018 ISSUED TO THE 3RD PETITIONER BY THE 6TH RESPONDENT.
RESPONDENTS' EXHIBITS:
ANNEXURE R5(A) TRUE PHOTOCOPY OF HT EFIRST PAGE OF THE SEC.3A(1) NOTIFICATION SO NO.2364 (E) DATED 08.06.2018
ANNEXURE R5(B) TRUE COPY OF HTE LAND ACQUISITION PLAN FROM CH.374/000 TO CH.376/000
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APPENDIX OF WP(C) 40470/2018
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | A TRUE COPY OF THE NOTIFICATION UNDER SECTION 3A(1) OF THE NATIONAL HIGHWAY ACT 1956 PUBLISHED IN THE MALAYALA MANORAMA DAILY DATED 26.6.2018. |
|---|---|
| EXHIBIT P2 | A TRUE COPY OF THE BASIC TAX RECEIPT DATED 3.3.2018 ISSUED BY THE VILLAGE OFFICE VALAPPAD TO THE FIRST PETITIONER |
| EXHIBIT P3 | A TRUE COPY OF RECEIPT GIVEN BY THE 6TH RESPONDENT TO THE OBJECTION FILED BY THE FIRST PETITIONER TO EXHIBIT P1 NOTIFICAION. |
| EXHIBIT P4 | A TRUE COPY OF THE ALINGNMENT SKETCH FOR NATIONAL HIGHWAY WIDENING FOR THE YEAR 2018 PREPARED BYT THE NATIONAL HIGHWAY AUTHORITY AND OBTAINED ONE P.S.ABDUL KAREEM UNDER THE RIGHT TO INFORMATION ACT. |
| EXHIBIT P5 | A TRUE COPY OF THE PORTION OF THE ALINGNMENT SKETCH FOR THE YEAR 2012. |
| EXHIBIT P6 | A TRUE COPY OF THE TAX RECEIPT DATED 29.5.2018 ISSUED BY THE VALAPPAD VILLAGE OFFICE TO THE 2ND PETITIONER |
| EXHIBIT P7 | A TRUE COPY OF THE BUILDING PERMIT ISSUED TO THE 2ND PETITIONER BY THE VALAPPAD GRAMA PANCHAYAT. |
| EXHIBIT P8 | A TRUE COPY OF THE RECEIPT DATED 13.7.2018 ISSUED BY THE 6TH RESPONDENT TO THE 2ND PETITIONER. |
| EXHIBIT P9 | A TRUE COPY OF THE BASIC TAX RECEIPT DATED 20.7.2018 ISSUED BY THE VALAPPAD VILLAGE OFFICE TO THE 3RD PETITIONER |
| EXHIBIT P10 | A TRUE COPY OF THE BASIC TAX RECEIPT DATED 29.10.2018. |
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| EXHIBIT P11 | A TRUE COPY OF THE RECEIPT DATED 13.7.2018 ISSUED BY THE 6TH RESPONDENT TO THE 4TH PETITIONER. |
|---|---|
| EXHIBIT P12 | A TRUE COPY OF THE BASIC TAX RECEIPT ISSUED TO THE 5TH PETITIONER BY THE VALAPPAD VILLAGE |
| EXHIBIT P13 | A TRUE COPY OF THE BUILDING PERMIT DATED 23.4.2018 ISSUED BY THE VALAPPAD GRAMA PANCHAYAT TO THE 5TH PETITIONER. |
| EXHIBIT P14 | A TRUE COPY OF THE BASIC TAX RECEIPT DATED 11.5.2018 ISSUED BY THE VALAPPAD VILLAGE OFFICE |
| EXHIBIT P15 | A TRUE COPY OF THE RECEIPT DATED 10.7.2018 ISSUED BY THE 6TH RESPONDENT TO THE 6TH PETITIONER |
| EXHIBIT P16 | A TRUE COPY OF THE BUILDING PERMIT DATED 3.10.2015 ISSUED BY THE VALAPPAD GRAMA PANCHGAYAT |
| EXHIBIT P17 | A TRUE COPY OF THE BASIC TAX TO THE VILLAGE OFFICE ISSUED BY THE VILLAGE OFFICE VALAPPAD |
| EXHIBIT P18 | A TRUE COPY OF THE RECEIPT DATED 10.7.2018 ISSUED BY THE 6TH RESPONDENT TO THE 7TH PETITIONER |
| EXHIBIT P19 | A TRUE COPY OF THE BASIC TAX RECEIPT DATED 19.6.2015 BY THE VILLAGE OFFICE VALAPPAD TO THE 8TH PETITIONER. |
| EXHIBIT P20 | A TRUE COPY OF THE CERTIFICATE DATED 17.6.2015 ISSUED BY THE VALAPPAD GRAMA PANCHAYAT |
| EXHIBIT P21 | A TRUE COPY OF THE LETTER DATED 20.4.2016 ISSUED BY THE TALUK OFFICE CHAVAKKAD TO THE 9TH PETITIONER. |
| EXHIBIT P22 | A TRUE COPY OF THE BASIC TAX RECEIPT DATED 20.7.2018 ISSUED BY THE VALAPPAD VILLAGE OFFICE TO THE 10TH PETITIONER. |
W.P.(C)Nos.39552, 28255, 30661 & 40470 of 2018
30
| EXHIBIT P23 | A TRUE 27.10. CHAVAK |
COPY OF THE BASIC TAX RECEIPT DATED 2017 ISSUED BY THE VILLAGE OFFICE KAD |
|---|---|---|
| EXHIBIT P24 | A TRUE 22.6.2 PANCHA |
COPY OF THE DEATH CERTIFICATE DATED 002 ISSUED BY THE VALAPPAD GRAMA YAT |
| EXHIBIT P25 | A TRUE ISSUED |
COPY OF THE RECEIPT DATED 20.7.2018 BY THE VILLAGE OFFICE. |
| EXHIBIT P26 | A TRUE 10.7.2 VALAPP |
COPY OF THE BASIC TAX RECEIPT DATED 018 ISSUED BY THE VILLAGE OFFICE AD TO THE 13TH PETITIONER. |
| EXHIBIT P27 | A TRUE ISSUED PETITI |
COPY OF THE RECEIPT DATED 13.7.2018 BY THE 6TH RESPONDENT TO THE 13TH ONER. |
| EXHIBIT P28 | A TRUE 4.8.20 PANCHA |
COPY OF THE DEATH CERTIFICATE DATED 10 ISSUED BY THE VALAPPAD GRAMA YAT. |
| EXHIBIT P29 | A TRUE 16.6.2 VALAPP |
COPY OF THE BASIC TAX RECEIPT DATED 018 ISSUED BY THE VILLAGE OFFICE AD |
| EXHIBIT P30 | A TRUE ISSUED PETITI |
COPY OF THE RECEIPT DATED 13.7.2018 BY THE 6TH RESPONDENT TO THE 14TH ONER. |
1 issue framed by the court
Could the challenge to the acquisition notification be disposed of by recording that the Section 3D declaration and Section 3G notice covered only properties notified under Section 3A(1)?
Colour shows how this judgement treated each authority
Competent Authority v. Barangore Jute FactoryRelied on¶157
[(2005) 13 SCC 477] · Who else cites this
Mohammed P.A. v. The Deputy Collector and Competent Authority and anotherRelied on¶162
[2009 (4) KLT SN 10]
3 provisions across 1 enactments
ABDUL LATHIF
KUNJUMUHAMMED
MARIYUMMA
UNION OF INDIA
STATE OF KERALA
THE NATIONAL HIGHWAY AUTHORITY OF INDIA
ANIL K.NARENDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
