The Kerala High Court dismissed a writ petition challenging land acquisition proceedings under Section 3A of the National Highways Act, 1956. The petition was not pressed with liberty to challenge compensation separately.
Liberty to challenge compensation awarded separately if aggrieved.
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 T.R.RAVI
FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
WP(C) NO. 2347 OF 2019
PETITIONER :
P.T.AYSHA, D/O.AHAMMED KOYA, KALLIYATH HOUSE, MAMANGALAM KARA, PALARIVATTOM.
BY ADVS.K.I.MAYANKUTTY MATHER, SRI.R.JAIKRISHNA, SMT.T.K.SREEKALA & SRI.P.RAHUL,
RESPONDENTS :
NATIONAL HIGHWAYS AUTHORITY OF INDIA, TC29/1539/1, RAJASREE KAIRALI, PERUMTHANNI, VALLAKKADAVU P.O., THIRUVANANTHAPURAM- 695 008.
INDIA, RAJAGIRI P.O., KALAMASSERY- 683104.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C) No.2347 of 2019 2
T.R.RAVI, J.
W.P(C) No.2347 of 2019
Dated this the 17th day of June, 2022.
J U D G M E N T
The writ petition is dismissed as not pressed with liberty to
the petitioner to challenge the compensation awarded, if she is in any way aggrieved.
Sd/-
amk
W.P(C) No.2347 of 2019 3
APPENDIX OF WP(C) 2347/2019
PETITIONER'S ANNEXURES :
ANNEXURE R2(A) TRUE COPY OF THE APPROVED ALIGNMENT SHOWING THE LAND ACQUISITION PLAN FOR THE PORTION OF ALAGAD VILLAGE FRO DESIGN CH. KM,413/000 TO CH.KM.414/000 EXHIBIT P1 TRUE COPY OF THE EYE SKETCH TO DEMONSTRATE THE PRESENT ALIGNMENT OF THE NH 66(OLD NH 17) NEAR THE PETITIONER'S PROPERTY, LOCATION OF THE PETITIONER'S PROPERTY DATED NIL. EXHIBIT P2 TRUE COPY OF THE NOTIFICATION DATED 29.11.2018 AS APPEARED IN MALAYALA MANORAMA DAILY. EXHIBIT P3 TRUE COPY OF THE EYE SKETCH TO DEMONSTRATE THE NEW ALIGNMENT OF THE HIGHWAY DATED NIL. EXHIBIT P4 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER. EXHIBIT P5 A TRUE COPYOF THE PROCEEDINGS OF THE 4TH RESPONDENT. EXHIBIT P6 TRUE COPY OF THE NOTIFICATION ISSUED UNDER SECTION 3A OF THE NATIONAL HIGHWAYS ACT, 1956 AS APPEARED IN MALAYALA MANORAMA DAILY DATED 19-03-2020. EXHIBIT P7 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER.
1 issue framed by the court
Whether the writ petition regarding land acquisition and compensation is maintainable.
1 provisions across 1 enactments
P.T. Aysha
National Highway Authority of India
T.R.Ravi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
