Disposed

The Travancore Devaswom Board v. National Highways Authority of India - NHAI

Kerala HC20 Oct 2022WP(C)/28989/2022

Case brief

AI extract

What is this about?

Compensation for temple lands acquired for widening NH-66 was disputed because of revenue classifications. The court directed the acquisition authority to decide entitlement within one month or, if unable, refer the dispute to the principal civil court with the prescribed deposit. Substantive entitlement remained open.

What did the court decide?

CALA directed to decide compensation entitlement within one month of production of the certified judgment; if unable, refer the dispute to the principal civil court with the prescribed deposit.

The Travancore Devaswom Board Vs National Highways Authority… — Land Acquisition | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN

¶4

¶5

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶6

THURSDAY, THE 20TH DAY OF OCTOBER 2022 / 28TH ASWINA, 1944
W.P.(C)NO.27595OF 2021

¶7

PETITIONER:

¶8

TRAVANCORE DEVASWOM BOARD DEVASWOM HEAD QUARTERS, NANDANCODE, THIRUVANANTHAPURAM-695 003, REPRESENTED BY ITS SECRETARY.

¶9

BY ADV G.SANTHOSH KUMAR (P).

¶10

RESPONDENTS:

¶11

1 NATIONAL HIGHWAYS AUTHORITY OF INDIA REPRESENTED BY ITS SECRETARY, GF AND 6, SECTOR-10, DWARAKA, NEW DELHI-110 075.

¶12

2 DEPUTY GENERAL MANAGER (T) CUM PROJECT DIRECTOR NATIONAL HIGHWAYS AUTHORITY OF INDIA, PIU, NO.36/414 (3), NEAR NSS HIGHER SECONDARY SCHOOL, PALKULANGARA, THIRUVANANTHAPURAM-695 024.

¶13

3 STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

¶14

4 THE SPECIAL DEPUTY COLLECTOR (LAND ACQUISITION) N.H.-66, CHERTHALA, ALAPPUZHA, PIN-688 531.

¶15

5 THE SPECIAL TAHSILDAR OFFICE OF THE SPECIAL TAHSILDAR, L.A.(N.H), N.H-66, CHERTHALA, ALAPPUZHA, PIN-688 531.

¶16

BY ADVS.

¶17

K.P.SATHEESAN (SR.)
P.MOHANDAS (ERNAKULAM)

¶18

W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

¶19

¶20

K.SUDHINKUMAR
S.K.ADHITHYAN
SABU PULLAN
GOKUL D. SUDHAKARAN

¶21

SRI S.RAJMOHAN - SR GOVERNMENT PLEADER

¶22

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.10.2022, ALONG WITH WP(C).31245/2022, 31350/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶23

W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

¶24

¶25

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶26

PRESENT

¶27

THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN

¶28

¶29

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶30

THURSDAY, THE 20TH DAY OF OCTOBER 2022 / 28TH ASWINA, 1944
W.P.(C)NO.28983OF 2022

¶31

PETITIONER:

¶32

THE TRAVANCORE DEVASWOM BOARD DEVASWOM HEAD QUARTERS, NANDANCODE, THIRUVANANTHAPURAM-695 003, REP. BY IT'S SECRETARY.

¶33

BY ADV G.SANTHOSH KUMAR (P).

¶34

RESPONDENTS:

¶35

1 NATIONAL HIGHWAYS AUTHORITY OF INDIA REP.BY IT'S SECRETARY, G5 AND 6, SECTOR-10, DWARAKA, NEW DELHI-110 075.

¶36

2 THE DEPUTY GENERAL MANAGER (T) CUM PROJECT DIRECTOR,

¶37

NATIONAL HIGHWAYS AUTHORITY OF INDIA
T.C.86/1036/1, AMBILY ARCADE, S.N.N.R.A.-9,
PETTAH P.O., THIRUVANANTHAPURAM-695 024.

¶38

3 STATE OF KERALA, REP.BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN- 695 001.

¶39

4 THE SPECIAL DEPUTY COLLECTOR & COMPETENT AUTHORITY, NATIONAL HIGHWAYS AUTHORITY (LAND ACQUISITION), CIVIL STATION, KOLLAM, PIN-691013.

¶40

5 THE SPECIAL TAHSILDAR, OFFICE OF THE SPECIAL TAHSILDAR, L.A (N.H.A.I), N.H-66, UNIT-3, KAVANAD, Y.M.C.A, CHINNAKADA, KOLLAM-, PIN-691003.

¶41

W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

¶42

¶43

6 THE SPECIAL TAHSILDAR, OFFICE OF THE SPECIAL THASILDAR, L.A (N.H-66), NO.1, HARIPPAD, ALAPPUZHA, PIN-690514.

¶44

BY ADVS.
E.C.KURIAKOSE
LEJO JOSEPH GEORGE(KAR/74/2017)

¶45

SRI S.RAJMOHAN - SR GOVERNMENT PLEADER

¶46

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.10.2022, ALONG WITH WP(C).27595/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶47

W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

¶48

¶49

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶50

PRESENT

¶51

THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN

¶52

¶53

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶54

THURSDAY, THE 20TH DAY OF OCTOBER 2022 / 28TH ASWINA, 1944
W.P.(C)NO.28984 OF 2022

¶55

PETITIONER:

¶56

TRAVANCORE DEVASWOM BOARD,
DEVASWOM HEAD QUARTERS, NANDANCODE,
THIRUVANANTHAPURAM-695 003, REP. BY IT'S
SECRETARY.

¶57

BY ADV G.SANTHOSH KUMAR (P).

¶58

RESPONDENTS:

¶59

1 NATIONAL HIGHWAYS AUTHORITY OF INDIA, REP.BY IT'S SECRETARY, G5 AND 6, SECTOR-10, DWARAKA, NEW DELHI-110 075.

¶60

2 DEPUTY GENERAL MANAGER (T) CUM PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA PIU, NO. 36/414 (3), NEAR NSS HIGHER SECONDARY SCHOOL, PALKULANGARA, THIRUVANANTHAPURAM-695 024.

¶61

3 STATE OF KERALA, REP.BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN- 695 001.

¶62

4 THE SPECIAL DEPUTY COLLECTOR (LAND ACQUISITION), N.H.-66, ALAPPUZHA, PIN-688531.

¶63

5 THE SPECIAL THASILDAR, OFFICE OF THE SPECIAL THASILDAR, L.A (N.H-66), NO.1, HARIPPAD, ALAPPUZHA, PIN-690514.

¶64

W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

¶65

¶66

BY ADVS.
E.C.KURIAKOSE
LEJO JOSEPH GEORGE(KAR/74/2017)

¶67

SRI S.RAJMOHAN - SR GOVERNMENT PLEADER

¶68

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.10.2022, ALONG WITH WP(C).27595/2021 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶69

W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

¶70

¶71

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶72

PRESENT

¶73

THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN

¶74

¶75

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶76

THURSDAY, THE 20TH DAY OF OCTOBER 2022 / 28TH ASWINA, 1944
W.P.(C)NO.28989OF 2022

¶77

PETITIONER:

¶78

THE TRAVANCORE DEVASWOM BOARD
DEVASWOM HEAD QUARTERS, NANDANCODE, THIRUVANAN-
THAPURAM-695 003, REP. BY IT'S SECRETARY

¶79

BY ADV G.SANTHOSH KUMAR (P).

¶80

RESPONDENTS:

¶81

1 NATIONAL HIGHWAYS AUTHORITY OF INDIA - NHAI REP.BY IT'S SECRETARY, G5 AND 6, SECTOR-10, DWARAKA, NEW DELHI-110 075

¶82

2 THE DEPUTY GENERAL MANAGER (T) CUM PROJECT DIRECTOR,

¶83

NATIONAL HIGHWAYS AUTHORITY OF INDIA,
T.C.86/1036/1, AMBILY ARCADE, S.N.N.R.A.-9, PET-
TAH P.O., THIRUVANANTHAPURAM-695 024.

¶84

3 STATE OF KERALA, REP.BY IT'S CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN- 695 001

¶85

4 THE SPECIAL DEPUTY COLLECTOR & COMPETENT AUTHORITY, NATIONAL HIGHWAYS AUTHORITY (LAND ACQUISITION), CIVIL STATION, KOLLAM, PIN-691013

¶86

5 THE SPECIAL TAHSILDAR, OFFICE OF THE SPECIAL TAHSILDAR, L.A (N.H.A.I),

¶87

W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

¶88

¶89

N.H.-66, UNIT-3, KAVANAD, Y.M.C.A, CHINNAKADA,
KOLLAM, PIN-691003.

¶90

BY ADVS.
E.C.KURIAKOSE
LEJO JOSEPH GEORGE(KAR/74/2017)
SRI S.RAJMOHAN - SR GOVERNMENT PLEADER

¶91

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.10.2022, ALONG WITH WP(C).27595/2021 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶92

W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

¶93

¶94

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶95

PRESENT

¶96

THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN

¶97

¶98

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶99

THURSDAY, THE 20TH DAY OF OCTOBER 2022 / 28TH ASWINA, 1944
W.P.(C)NO.31245OF 2022

¶100

PETITIONER:

¶101

THE TRAVANCORE DEVASWOM BOARD
DEVASWOM HEAD QUARTERS, NANDANCODE, THIRUVANAN-
THAPURAM-695 003, REP. BY IT'S SECRETARY.

¶102

BY ADV G.SANTHOSH KUMAR (P).

¶103

RESPONDENTS:

¶104

1 NATIONAL HIGHWAYS AUTHORITY OF INDIA REP.BY IT'S SECRETARY, G5 AND 6, SECTOR-10, DWARAKA, NEW DELHI-110 075.

¶105

2 DEPUTY GENERAL MANAGER (T) CUM PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA PIU, NO. 36/414 (3), NEAR NSS HIGHER SECONDARY SCHOOL, PALKULANGARA, THIRUVANANTHAPURAM-695 024.

¶106

3 STATE OF KERALA, REP.BY IT'S CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN- 695 001.

¶107

4 THE SPECIAL DEPUTY COLLECTOR (LAND ACQUISITION), N.H.-66, ALAPPUZHA, PIN-688531.

¶108

5 THE SPECIAL THASILDAR, OFFICE OF THE SPECIAL THASILDAR, L.A (N.H), N.H.-66, NO.2, ALAPPUZHA, PIN-688531.

¶109

W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

¶110

¶111

BY ADVS.
E.C.KURIAKOSE
LEJO JOSEPH GEORGE(KAR/74/2017)

¶112

SRI S.RAJMOHAN - SR GOVERNMENT PLEADER

¶113

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.10.2022, ALONG WITH WP(C).27595/2021 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶114

W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

¶115

¶116

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶117

PRESENT

¶118

THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN

¶119

¶120

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶121

THURSDAY, THE 20TH DAY OF OCTOBER 2022 / 28TH ASWINA, 1944
W.P.(C)NO.31350OF 2022

¶122

PETITIONER:

¶123

TRAVANCORE DEVASWOM BOARD - TDB
DEVASWOM HEAD QUARTERS, NANTHANCODE, THIRUVANAN-
THAPURAM-695 003, REP. BY IT'S SECRETARY.

¶124

BY ADV G.SANTHOSH KUMAR (P).

¶125

RESPONDENTS:

¶126

1 NATIONAL HIGHWAYS AUTHORITY OF INDIA - NHAI REP.BY IT'S SECRETARY, G5 AND 6, SECTOR-10, DWARAKA, NEW DELHI-110 075.

¶127

2 THE DEPUTY GENERAL MANAGER (T) CUM PROJECT DIRECTOR,

¶128

NATIONAL HIGHWAYS AUTHORITY OF INDIA

¶129

T.C.86/1036/1, AMBILY ARCADE, S.N.N.R.A.-9, PET-
TAH P.O., THIRUVANANTHAPURAM-695 024.

¶130

3 STATE OF KERALA, REP.BY IT'S CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN- 695 001.

¶131

4 THE SPECIAL DEPUTY COLLECTOR, NATIONAL HIGHWAYS AUTHORITY (LAND ACQUISITION), N.H.-66, ALAPPUZHA, PIN-688531.

¶132

5 THE SPECIAL TAHSILDAR, OFFICE OF THE SPECIAL TAHSILDAR, L.A (N.H), N.H.-66, ALAPPUZHA, PIN-688531.

¶133

W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

¶134

¶135

BY ADVS.
E.C.KURIAKOSE
LEJO JOSEPH GEORGE(KAR/74/2017)

¶136

SRI S.RAJMOHAN - SR GOVERNMENT PLEADER

¶137

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.10.2022, ALONG WITH WP(C).27595/2021 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶138

W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

¶139

¶140

JUDGMENT

¶141

Anil K. Narendran, J.

¶142

Since common issue is raised, these writ petitions are heard together and are being disposed of by this common judgment.

¶143

W.P.(C)No.27595 of 2021:- Travancore Devaswom

¶144

Board has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents to determine the compensation payable to the petitioner for the extent of 19.5 cents of land attached to the Kanjoor Durga Devi Temple and acquired from old Sy.No.453/C (Block No.13, Re.Sy.No.109/1) in Cheppad Village of Karthiakappilly Taluk and to pay the same in accordance with law; and a declaration that the petitioner Board is entitled to adequate compensation for the land acquired by the respondents, having an extent of 19.5 cents, for the purpose of widening/four laning of NH-66 on the stretch Cherthala-Oachira Section. Kanjoor Durgadevi Temple is a major temple coming under Nangiarkulangara Sub Group of Harippad Group. According to the petitioner Board, Kanjoor Durgadevi Temple was holding an extent of 90.80 Ares of property in R.Sy.No.109/1 of Karthikappilly Taluk in Cheppad Village, which includes the main

¶145

W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

¶146

¶147

temple, and apart from that, two kshethra kulams, Elanjithara, temples of sub-deities and two Kavus in which idols of Nagaraja and Nagayakshi are placed. In Ext.P1 Basic Tax Register maintained by Cheppad Village Office, the property comprised in Re.Sy.No.109/1 is shown as puramboke with endorsement as ‘Sarkar Kavum Kulavum’. According to the petitioner, as the property comprised in Re.Sy.No.109/1 is in the possession of the Devaswom from time immemorial, Section 27 of the TravancoreCochin Hindu Religious Institutions Act, 1950 squarely applies.

¶148

2.1. On 03.12.2021, when this writ petition came up for admission, the learned Standing Counsel for the National Highway Authority of India sought time to get instructions.

¶149

2.2. On 30.09.2022, when this writ petition came up for

¶150

consideration, this Court admitted the matter on file and granted an interim order directing the respondents to maintain status quo as on that date in respect of the structures in question, for a period of one months. It was made clear that the said order will not stand in the way of the concerned officials valuing the structures, with notice to the officer in charge of the concerned Devaswom.

¶151

W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

¶152

¶153

2.3. A counter affidavit dated 18.01.2022 has been filed by

¶154

respondents 1 and 2, opposing the reliefs sought for in this writ petition. Paragraphs 3 to 8 of that counter affidavit read thus;

¶155

“3. National Highways Authority of India decided to develop NH-47 (new NH-66) into four laning for the safe and efficient movement of traffic. The alignment for the development has been fixed as per the detailed studies and the same was approved by considering the improved geometry and acquisition of land with 45 meters width. The land acquisition process is done under the National Highways Act, 1956 and the compensation will be paid as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

¶156

As per the scheme the 3A notification was published on 15.02.2018. For the preparation of 3A notification, the land survey officials collected land records such as Basic Tax Register. Thandaper Register, Field Measurement Sketches from Village Office, Cheppad and found that survey No.109/1 of Block No.13 in Cheppad Village as ‘Sarkar Puramboke’. As such the above survey number was notified as Sarkar Puramboke in 3A notification. As provided under Section 3A, a notification has been published in Malayala Manoramma Daily dated 11.03.2018. As per Section 3C, any person interested in the land may within 21 days from the date of publication of the notification object to the use of the land for the purpose or purposes mentioned in that sub-section.

¶157

Even after 3A notification the petitioner did not file any objection within 21 days as provided under Section 3C. After

¶158

W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

¶159

¶160

considering all the objections the 3D notification was published by the Government. As soon as 3D notification is issued the land shall vest absolutely in the Central Government free from all encumbrances. In this case an extent of 0.0783 hectors of land is notified for acquisition from re.sy.no.109/1 of Block No.13 in Cheppad Village. The Kanjoor Durga Devi Temple coming under Nangiyarkulangara Sub Group of Haripad Group is situated in the above survey number.

¶161

Here the land is notified as Sarkar Puramaboke in revenue records. Therefore, there was no question of determination of any compensation. In the case of Government lands, land transfer procedure is followed. Neither the acquisition agency (NHAI) nor the CALA or the Special Deputy Collector can change the status of the land. Government land is defined as the land vesting in Central/State Government. It is transferred to Central Government/MoRTH free of cost. Therefore, there is no question of payment of any compensation to the petitioner.

¶162

However, as per para 3.5.5(iv) of the Manual of Guidelines on LA for National Highways under the NH Act, 1956, compensation for the structures in the common property resources acquired are eligible for compensation. All religious structures are coming under the common property resources. Hence if there is any religious structures in the acquired property, the same have eligibility for compensation.

¶163

The petitioner relied upon Ext.P6 judgment for claiming compensation. The said judgment does not deal with acquisition under National Highways Act, 1956. The said

¶164

W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

¶165

¶166

judgment was rendered in a dispute between the Travancore Devaswom Board and Government of Kerala. The National Highways Authority is not a party to the said judgment and the contentions of both the parties are not known to this respondent. Therefore, if the petitioner could prove that the property in question is not a puramboke land and not owned by the Government, the petitioner can claim compensation in accordance with law.”

¶167

2.4. The petitioner has filed a reply affidavit dated

¶168

22.03.2022 to the counter affidavit filed by respondents 1 and 2. The learned Government Pleader has filed a statement dated

¶169

27.04.2022 on behalf of the 4^th respondent. Paragraphs 3 to 9 of that statement read thus;

¶170

“3. The 3A and 3D notifications wherein the nature of land is shown as per the Basic Tax Register maintained at the Village Offices concerned. The notifications in respect of 3A 3D and 3G(3) the nature of the acquired land and the name of the land owners are published.

¶171

As per Section 3A the Central Government is satisfied that for a public purpose and any land is required for the building, maintenance, management or operation of national highway or part thereof, it would be, by notification in the official gazette, declared its intention to acquire such land. The acquisition of land in Re.Sy.No.109/1 of Block 13 of Cheppad Village is not at all arbitrary.

¶172

An extent of 0.0783 Hectares of land in Re.Sy.no.109/1 of Block 13 of Cheppad Village which is holding the Kanjoor

¶173

W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

¶174

¶175

Durgadevi Temple has been acquired for the development National Highway 66 in to 4/6 lane and the same was notified by the Central Government. As requested by the petitioner under Right to Information Act, the Special Tahsildar, LA(NH) Harippad had issued the available information in their office to the petitioner. As per the ‘BTR’ maintained at Cheppad Village, the above land is noted as ‘puramboke’ with a remarks as to “Sarkar Kavum Kulavum”. All the acquisitions were made in accordance with the provisions of the National Highways Act, 1956. The petitioner is holding “Sarkar Puramboke” and therefore no compensation is awarded to them.

¶176

It is submitted that Section 27 of Travancore Cochin Hindu Religious Institution Act, 1950 stipulated that, immovable properties entered or classified in the revenue records as Devaswom vaga or Devaswom puramboke after 12.04.1922 would be dealt with Devaswom properties. Here, in the revenue record maintained at Cheppad Village is noted as “Sarkar Puramboke” and how can be deemed to be Devaswom properties. The Hon’ble High Court as per its judgment dated 04.02.2010 in DBP No.76 of 2009 had observed that the Government not to dispossess or take over any land under the possession of any temple under the Travancore Devaswom Board or Cochin Devaswom Board except in accordance with the procedure prescribed under the Land Acquisition Act or under the orders of the Court. Here the Government acquired land in accordance with the provisions of the NH Act 1956. 7. Ext.P9 was actually issued by the 4^th respondent to the Sub Group Officer Nangiarkulangara Devaswom and in which it has been stated that the property has been acquired as per the

¶177

W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

¶178

¶179

Section 3G(1) of the National Highway Act, 1956 and as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 8. As per Section 3A(3), the CALA should cause the substance of the notification to be published in two local newspapers one of which be in a regional language. Accordingly, a notification has been published in Malayala Manoramma daily dated 11.03.2018. As per Section 3C of NH Act, 1956 any person interested in the land may, within 21 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. In this land acquisition case the petitioner of this W.P.(C) would not file any objections according to Section 30(1) of NH Act, 1956. The compensation to the acquire private land will be determined as Sections 26 to 30 of FFCTLARR Act, 2013. The acquisition was being done in accordance with the Act and it is legally valid an according to the judgment in DBP No.76 of 2009 of the Hon’ble High Court of Kerala.

¶180

As long as the proposed land for acquisition which hold the Kanjoor Durga Devi Temple is noted as “Sarkar Puramboke” in the ‘BTR’, the Government have absolute right over the property. Section 27 of the TCHRI Act, 1950 stipulate that the immovable properties entered or classified in the revenue records as ‘Devaswom vaga’ or Devaswom Puramboke’ after

¶181

12.04.1922 would be dealt with Devaswom property.”

¶182

2.5. The petitioner has filed a reply affidavit dated

¶183

08.07.2022 to the statement filed by the learned Government

¶184

W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

¶185

¶186

Pleader.

¶187

W.P.(C)No.28983 of 2022:- Travancore Devaswom

¶188

Board has filed this writ petition seeking a writ of mandamus commanding the respondents to determine the compensation with regard to the landed properties attached from Padanayarkulangara Devaswom, Puthiyakavu Devaswom, Puliyankulangara Devaswom, Kamankulangara Devaswom and to determine the compensation with regard to the land and structures for Oachira-Krishnapuram Devaswoms coming under the Karungappally Group, which is acquired for widening of NH66; and a declaration that the petitioner is entitled to adequate compensation for the land acquired by the respondents from Padanayarkulangra Devaswom, Puthiyakavu Devaswom, Puliyankulangara Devaswom, Kamankulangra Devaswom and for adequate compensation for the land and structures for OachiraKrishnapuram Devaswom coming under the Karungappally Group for the purpose of widening four laning of NH-66, in the light of Ext.P10. Padanayarkulangara Devaswom, Kulasekharapuram Devaswom (Puthiyakavu), Puliyankulangara Devaswom, Kamankulangara Devaswom and Oachira Krishnapuram

¶189

W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

¶190

¶191

Devaswom are coming under Karunagappally Group. According to the petitioner Board, Padanayarkulangara Devaswom was holding an extent of 813 sq.mt. of property in Sy.No.443/3(8) of Karunagappally Village, which includes 27 shop rooms. Puthiyakavu Devaswom coming under Kulasekharapuram Sub Group of Karunagappally Group was holding an extent of 508 sq.mt. of property in Re.Sy.No.296/2 (296/5) of Kulasekharapuram Village, which includes 13 shop rooms of Kulasekharapuram shopping complex and temples of the sub deities of Nagarajavu, Nagayakshi, Madan, Yakshiamma, Chithrakoodam and Moolasthanam of Puthiyakavu Devaswom. Puliyuankulangara Devaswom was holding an extent of 48 sq.mt. of property in Re.sy.No.551/1 (551/5) and 555/2 (555/3) of Adinad Village. The document marked as Ext.P3 is the relevant page of the settlement register dated 20.09.2007 in which the properties owned by Puliyankulangara Devaswom and Puthiyakavu Devaswom are recorded as ‘puramboke’ with remarks as temples and kulam. Kamankulangara Devaswom was holding the property situated in Panama Village in Block No.18 in Re.Sy.No.322/2 (322/5) L.A. 5.57 Sub Division, which includes

¶192

W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

¶193

¶194

Alankaragopuram, Kanikka Mandapam and 12 shop rooms. Oachira Krishnapuram Devaswom was holding an extent of 35 cents of property in Re.Sy.No.203/2, 10435/1, 10437/1, which includes structures.

¶195

3.1. On 02.09.2022, when this writ petition came up for admission, this Court admitted the matter on file. The learned Standing Counsel for the National Highway Authority of India took notice for respondents 1 and 2. The learned Government Pleader took notice for respondents 3 to 6. The learned Standing Counsel for National Highway Authority of India and also the learned Senior Government Pleader sought time to get instructions. This Court granted an interim order directing the respondents to maintain status quo as on that date in respect of the structures in question, for a period of one month. It was made clear that the said order will not stand in the way of the concerned officials valuing the structures, with notice to the officer in charge of the concerned Devaswom.

¶196

3.2. The 2^nd respondent has filed a counter affidavit dated 03.10.2022.

¶197

W.P.(C)No.28984 of 2022:- Travancore Devaswom

¶198

W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

¶199

¶200

Board has filed this writ petition, seeking a writ of mandamus commanding the respondents to determine the compensation with regard to the land and the structures with regard to the properties attached from Harippad Devaswom, Ramapuram Devaswom and Thiruvilanjal Devaswom coming under the Harippad Group, acquired for widening of NH-66; and a declaration that the petitioner is entitled to adequate compensation for both the land and its structures acquired by the respondents from Harippad Devaswom, Ramapuram Devaswom and Thiruvilanjal Devaswoms coming under the Harippad Group, for the purpose of widening/four laning of NH-66, in the light of Ext.P14. Ramapuram Devaswom, Harippad Devaswom and Thiruvilanjal Devaswom come under the Harippad Group. According to the petitioner, Ramapuram Devaswom was holding an extent of 1 Acre 98 Cents of property in Sy.No.433 (Re.Sy.No.80/7) in Keerikkad Village, in which an extent of 0.0226 hectors of property was acquired, which includes Thirumuttam, Nadappanthal, Alankara Gopuram, stage and office building. Ext.P3 basic tax register would show that the said Devaswom was holding an extent of 44.70 Ares of property.

¶201

W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

¶202

¶203

Harippad Devaswom coming under the Harippad Sub Group of Harippad Group was holding an extent of 0.002 Ares of property in Sy.No.280/1 in Harippad Village, which includes Alankara Gopuram including Kanikkamandapam. Thiruvilanjal Devaswom coming under Pathiramkulangara Sub Group coming under Harippad Group was holding an extent of 0.0637 Hectors of property in Sy.No.306/4 and an extent of 0.0596 Hectors of property in Sy.No.298/17 in Kumarapuram Village, which includes temple pond and Kanikkamandapam.

¶204

4.1. On 02.09.2022, when this writ petition came up for admission, this Court admitted the matter on file. The learned Standing Counsel for the National Highway Authority of India took notice for respondents 1 and 2. The learned Government Pleader took notice for respondents 3 to 5. The learned Standing Counsel for the National Highway Authority of India and also the learned Senior Government Pleader sought time to get instructions. This Court granted an interim order directing the respondents to maintain status quo as on that date in respect of the structures in question, for a period of one month. It was made clear that the said order will not stand in the way of the concerned

¶205

W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

¶206

¶207

officials valuing the structures, with notice to the officer in charge of the concerned Devaswom.

¶208

4.2. The 2^nd respondent has filed a counter affidavit dated 03.10.2022.

¶209

W.P.(C)No.28989 of 2022:- Travancore Devaswom Board has filed this writ petition seeking a writ of mandamus commanding the respondents to determine the compensation with regard to the land and the structures with regard to the properties attached from Kottankulangara Devaswom, Arathakanda Sastha Devaswom and Parimanam Devaswom coming under the Kollam Group, acquired for widening of NH-66;

¶210

and a declaration that the petitioner is entitled to adequate compensation for both the land and its structures acquired by the respondents from Kottankulangara Devaswom, Arathakanda Sastha Devaswom and Parimanam Devaswom under Kollam Group for the purpose of widening/four laning of NH-66, in the light of Ext.P7. Kottankulangara Devaswom, Arathakanda Sastha Devaswom and Parimanam Devaswom comes under Kollam Group. According to the petitioner, Kottankulangara Mahadeva Temple coming under the Kollam Group was holding an extent of

¶211

W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

¶212

¶213

0.05650 hectares of property in Re.Sy.No.432/2 of Chavara Village, which includes area near to pradhakshina vazhi, compound wall, shopping complex and water tank. Arathukanda Sastha Devaswom was holding an extent of 0.00550 hectares of property in Re.Sy.No.190/7 (Sy.No.2831) of Chavara Village.

¶214

5.1. On 02.09.2022, when this writ petition came up for admission, this Court admitted the matter on file. The learned Standing Counsel for the National Highway Authority of India took notice for respondents 1 and 2. The learned Government Pleader took notice for respondents 3 to 5. The learned Standing Counsel for the National Highway Authority of India and also the learned Senior Government Pleader sought time to get instructions. This Court granted an interim order directing the respondents to maintain status quo as on that date in respect of the structures in question, for a period of one month. It was made clear that the said order will not stand in the way of the concerned officials valuing the structures, with notice to the officer in charge of the concerned Devaswom.

¶215

5.2. The 2^nd respondent has filed a counter affidavit dated 10.10.2022.

¶216

W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

¶217

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W.P.(C)No.31245 of 2022:- Travancore Devaswom

¶219

Board has filed this writ petition seeking a writ of mandamus commanding the respondents to determine the compensation with regard to the land and the structures with regard to the properties attached from Valiya Kalavoor Devaswom, Cheriya Kalavoor Devaswom, Erattakulangara Devaswom, Neerkunnam Devaswom, Vandanam Devaswom and Thottappally Devaswom belonging to the Ambalapuzha Group, acquired for widening of NH-66; and a declaration that the petitioner is entitled to adequate compensation for both the land and its structures acquired by the respondents from Valiya Kalavoor Devaswom, Cheriya Kalavoor Devaswom, Erattakulangara Devaswom, Neerkunnam Devaswom, Vandanam Devaswom, Thottappally Devaswom, Anandeswaram, Murukuveli and Navarackal Devaswoms under Amabalapuzha Group for the purpose of widening/four laning of NH-66, in the light of Ext.P20. Valiya Kalavoor Devaswom and Cheriya Kalavoor Devaswom come under the Valiya Kalavoor Sub Group, Erattakulangara Devaswom, Neerkunnam Devaswom and Vandanam Devaswom come under the Erattakulangara Sub Group, Anandeswaram

¶220

W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

¶221

¶222

Devaswom, Murukuveli Devaswom, Navarackkal Devaswom and Thottappally Devaswom come under the Ayyankovickal Subgroup under Ambalapuzha Group. According to the petitioner, Valiya Kalavoor Devaswom was holding an extent of 3 Acre 81 Cents in Re.Sy.No.115/3 and Res.Sy.No.116 (Field No;517/6) in Komalapuram Village, which includes Kanikka Mandapam and Ornamental Gate. Cheriya Kalavoor Devaswom was holding an extent of 65.83 Ares in Sy.Nos.146/2 (comprising 14.90 Ares), 146/3-1 (comprising 27.30 Ares), 146/3-1 (comprising 17.35 Ares) and 146/4-3 (comprising 6.28 Ares) in Kalavoor Village from which 36 meter distance and 7 meter 90 cm width was

¶223

acquired, which includes Kanikka Mandapam and an aalthara. Erattakulangara Devaswom was holding an extent of 51.350 cents of property in Sy.Nos.327/1, 4, 6, 7, 8 and 11 of Amabalapuzha Village, which includes Suvarna Gopuram, Gate, Kanikka Mandapam and compound wall. Neerkunnam Devaswom was holding an extent of 25 cents of property in Re.Sy.No.61/3, which includes Kalithattu and kanikka mandapam. Vandanam Devaswom was holding an extent of 29.740 cents and 18.344 cents of property in Sy.Nos.191/3 and 78/2, which includes

¶224

W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

¶225

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kanikka mandapam, compound wall of temple, aalthara and eastern side of yajna sala. Anandeswaram Devaswom was holding an extent of 2.964 cents of property in Sy.No.284/1A of Purakkad Village. Murukkuveli Devaswom was holding an extent of 8.768 cents of property in Sy.No.22/1A of Purakkad Village. Navarackkal Devaswom was holding an extent of 12.770 cents of property in Sy.No.76/22A of Ambalapuzha Village. Thottapally Devaswom (Uriyadi Thevar Devaswom) was holding an extent of 11.658 cents of property in Sy.No.18/1A of Purakkad Village.

¶227

6.1. On 30.09.2022, when this writ petition came up for admission, this Court admitted the matter on file. The learned Standing Counsel for the National Highway Authority of India took notice for respondents 1 and 2. The learned Government Pleader took notice for respondents 3 to 5. The learned Standing Counsel for the National Highway Authority of India and also the learned Senior Government Pleader sought time to get instructions. This Court granted an interim order directing the respondents to maintain status quo as on that date in respect of the structures in question, for a period of one month. It was made clear that the said order will not stand in the way of the concerned

¶228

W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

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officials valuing the structures, with notice to the officer in charge

¶231

of the concerned Devaswom.

¶232

W.P.(C)No.31350 of 2022:- Travancore Devaswom

¶233

Board has filed this writ petition, seeking a writ of mandamus commanding the respondents to grant adequate compensation for the land as well as for the structures acquired from Pattanakkad Mahadeva Temple in Sy.Nos.31/6 of Pattanakkad Village for the purpose of widening of NH-66; and a declaration that the petitioner is entitled to lawful compensation for both the land as well as the structures with regard to the acquisition effected for widening of NH-66. According to the petitioner, Pattanakkad Mahadeva Temple was holding an extent of 3 Acres and 19 cents of property in Sy.No.31/6 of Pattanakkad Village.

¶234

7.1. On 30.09.2022, when this writ petition came up for

¶235

admission, this Court admitted the matter on file. The learned Standing Counsel for the National Highway Authority of India took notice for respondents 1 and 2. The learned Government Pleader took notice for respondents 3 to 5. The learned Standing Counsel for the National Highway Authority of India and also the learned Senior Government Pleader sought time to get

¶236

W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

¶237

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instructions. This Court granted an interim order directing the respondents to maintain status quo as on that date in respect of the structures in question, for a period of one month. It was made clear that the said order will not stand in the way of the concerned officials valuing the structures, with notice to the officer in charge of the concerned Devaswom.

¶239

Heard the learned Standing Counsel for Travancore Devaswom Board for the petitioner in the respective writ petitions, the learned Senior Government Pleader for the State and official respondents and also the learned Standing Counsel for the National Highway Authority of India.

¶240

During the course of arguments, the learned Standing Counsel for Travancore Devaswom Board would submit that the valuation of the structures in the properties under acquisition, for the purpose of widening/four laning of NH-66, has already been completed. The concerned officials of the Travancore Devaswom Board are in receipt of the valuation reports in respect of the structures in W.P.(C)Nos.28983 and 28989 of 2022. They have also received a copy of the award passed by the Competent Authority under the National Highways Act, 1956 in respect of

¶241

W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

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the structures in W.P.(C)Nos.28983 of 2022. The learned Standing Counsel for the National Highways Authority of India would submit that the valuation reports in respect of other structures in the properties under acquisition shall be furnished to the concerned officials of the Travancore Devaswom Board, if not already furnished, within a period of two weeks from the date of receipt of a certified copy of this judgment and that, the Competent Authority shall pass awards in respect of the structures in writ petitions other than W.P.(C)Nos.28983 of 2022, without any delay, if not already passed, which shall be issued to the concerned officials of the Travancore Devaswom Board. The above submissions made by the learned Standing Counsel for the National Highways Authority of India are recorded.

¶244

The learned Standing Counsel for the National Highways Authority of India and also the Senior Government Pleader would submit that in the light of the disputes raised, the claim of the Travancore Devaswom Board for compensation for the land under acquisition has to be referred to the competent civil court.

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11. Going by the provisions in sub-section (1) of Section

¶246

W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

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3C of the National Highways Act, if any landowner has an objection to the acquisition, he shall submit it within 21 days from the date of publication of the notification under Section 3A of the Act. The competent authority has to publish its declaration of acquisition as provided under Section 3D of the Act, once a decision on objections is taken. The competent authority is expected thereafter to quantify the compensation following the procedure provided in Section 3G of the Act. Section 3G(3) of the Act mandates that before proceeding to determine the amount of compensation, the competent authority shall give a public notice published in two local newspapers, one of which will be in a vernacular language inviting claims from all persons interested in the land to be acquired. Section 3G(4) of the Act stipulates that such notice shall state the particulars of the land and shall require all persons interested in such land to appear in person or by an agent or by a legal practitioner before the competent authority, at a time and place, and to state the nature of their respective interest in such land.

¶249

The procedure for deposit and payment of amount is provided in Section 3H of the Act. As per sub-section (1) of

¶250

W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

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Section 3H, the amount determined under Section 3G shall be deposited by the Central Government in such manner as may be laid down by rules made in this behalf by that Government, with the competent authority before taking possession of the land. As per sub-section (2) of Section 3H, as soon as may be after the amount has been deposited under sub-section (1), the competent authority shall on behalf of the Central Government pay the amount to the person or persons entitled thereto. As per sub-section (3) of Section 3H, where several persons claim to be interested in the amount deposited under sub-section (1), the competent authority shall determine the persons who in its opinion are entitled to receive the amount payable to each of them. As per sub-section (4) of Section 3H, if any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the principal civil court of original jurisdiction within the limits of whose jurisdiction the land is situated. As per sub-section (5) of Section 3H, where the amount determined under section 3G by the arbitrator is in excess of the amount determined by the

¶253

W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

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competent authority, the arbitrator may award interest at nine per cent. per annum on such excess amount from the date of taking possession under Section 3D till the date of the actual deposit thereof. As per sub-section (6) of Section 3H, where the amount determined by the arbitrator is in excess of the amount determined by the competent authority, the excess amount together with interest, if any, awarded under sub-section (5) shall be deposited by the Central Government in such manner as may be laid down by rules made in this behalf by that Government, with the competent authority and the provisions of sub-sections (2) to (4) shall apply to such deposit.

¶256

As per Rule 4 of the National Highways (Manner of depositing the amount by the Central Government; Making requisite funds available to the Competent Authority for Acquisition of Land) Rules, 2019, where the amount deposited earlier by the executing agency into the account of the competent authority has remained undisbursed, or where the authorisation limit for an account has been issued in favour of the competent authority for disbursement purposes but certain amounts remain undisbursed, due to disputes which are referable to the principal

¶257

W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

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civil court of original jurisdiction for resolution in terms of subsection (4) of section 3H of the National Highways Act, 1956, the competent authority shall, while forwarding such references to the Court, cause such undisbursed amounts to be deposited with the principal Court of civil jurisdiction to whom any such disputes are referable, for payment to entitled persons as and when the said disputes are resolved, or the absentee title-holders submit their claims, as the case may be, such amounts deposited with the principal court of civil jurisdiction shall, for all purposes, be deemed as payment made to entitled persons under sub-section (2) of section 3H of the Act.

¶260

Therefore, i f disputes are raised, the C ompetent Authority for Land Acquisition (CALA) should look into it as provided in sub-section (3) of Section 3H and find out who is the person entitled to get the amount of compensation. If the question relates to the title and the Competent Authority is unable on the basis of the materials before it to decide the entitlement to get compensation, the only option for him is to refer the parties under sub-section (4) of Section 3-H of the Act to the Principal Civil Court of Original Jurisdiction after following

¶261

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W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

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the procedure for deposit as in Rule 4 in the National Highways (Manner of depositing the amount by the Central Government; Making requisite funds available to the Competent Authority for Acquisition of Land) Rules.

¶264

15. It is therefore the obligation of the Competent Authority under Section 3H of the National Highways Act to see that as soon as the amount of compensation has been deposited with the said Authority, to pay such compensation to the person or persons entitled thereto. Situations may arise where the Competent Authority would not be able to decide as to who is entitled to receive the compensation. That can be on account of (i) the failure on the part of the owner of the acquired land to stake his claim or, (ii) failure on the part of the owner to furnish necessary documents to find his entitlement or, (iii) more than one person stake claim for the compensation and such claims are conflicting, or (iv) on account of dispute between the several claimants as to the apportionment of the compensation amount or any part thereof, and so on and so forth.

¶265

In the above circumstances, leaving open the legal and factual contentions raised by both sides on the entitlement of the

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W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

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Travancore Devaswom Board for payment of compensation for the land under acquisition for widening/four laning of NH-66, we deem it appropriate to direct the Competent Authority for Land Acquisition (CALA) to take a decision in the matter under subsection (3) of Section 3H of the National Highways Act, within one month from the date of production of a certified copy of this judgment. In case the said Authority is not in a position to take a decision on the dispute regarding the entitlement of the Board to receive compensation, he shall refer the matter to the principal civil court of original jurisdiction, following the procedure in subsection (4) of Section 3H of the National Highways Act, read with

¶269

Rule 4 of the National Highways (Manner of depositing the amount by the Central Government; Making requisite funds available to the Competent Authority for Acquisition of Land) Rules.

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Sd/-

¶271

ANIL K. NARENDRAN JUDGE

¶272

Sd/-

¶273

P.G. AJITHKUMAR JUDGE

¶274

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W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

¶276

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APPENDIX OF WP(C) 27595/2021

¶278

PETITIONER EXHIBITS

¶279

`Exhibit P1`	`TRUE COPY OF` `TAX REGISTER` `VILLAGE OFFIC`	`THE RELEVANT PAGE OF BASIC` `MAINTAINED BY THE CHEPPAD` `E.`
`Exhibit P2`	`TRUE COPY OF` `NOTIFICATION` `THE MINISTRY` `HIGHWAYS.`	`THE RELEVANT PAGES OF THE` `DATED 11.2.2019 ISSUED BY` `OF ROAD TRANSPORT AND`
`Exhibit P3`	`TRUE COPY OF` `ISSUED BY THE` `SIONER OF TRA` `TEH ASSISTANT`	`THE LETTER DATED 19.6.2020` `DEPUTY DEVASWOM COMMIS-` `VANCORE DEVASWOM BOARD TO` `COMMISSIONER, HARIPAD.`
`Exhibit P4`	`TRUE COPY OF` `16.7.2020 SUB` `OFFICER AS PE` `INFORMATION O` `HARIPPAD.`	`THE APPLICATION DATED` `MITTED BY THE SUB GROUP` `R RTI ACT BEFORE PUBLIC` `FFICER, N.H.AUTHORITY,`
`Exhibit P5`	`TRUE COPY OF` `ISSUED FROM T` `INFORMATION O` `HARIPPAD TO T`	`THE REPLY DATED 27.7.2020` `HE OFFICE OF THE PUBLIC` `FFICER, H.H. AUTHORITY,` `EH SUB GROUP OFFICER.`
`Exhibit P6`	`TRUE COPY OF` `4.2.2010 IN D` `HON'BLE COURT`	`THE JUDGMENT DATED` `.B.P.NO.76/2009 OF THIS` `.`
`Exhibit P7`	`TRUE COPY OF` `ISSUED BY THE` `THE SECRETARY` `WOM BOARD.`	`THE LETTER DATED 3.3.2021` `DEVASWOM COMMISSIONER TO` `OF THE TRAVANCORE DEVAS-`
`Exhibit P8`	`TRUE COPY OF` `ISSUED BY THE` `5TH RESPONDEN`	`THE LETTER DATED 29.4.2021` `SUB GROUP OFFICER TO THE` `T.`
`Exhibit P9`	`TRUE COPY OF` `ISSUED BY THE` `GROUP OFFICER`	`THE LETTER DATED 1.7.2021` `5TH RESPONDENT TO THE SUB` `.`

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W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

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¶282

Exhibit P10PHOTOGRAPHS SHOWING THE AREA WHICH IS
ACQUIRED BY THE RESPONDENTS WHICH IN-
CLUDES THE DEVASWOM PROPERTY AND THE
STRUCTURES.

¶283

RESPONDENTS’ EXHIBITS: NIL

¶284

W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

¶285

¶286

APPENDIX OF WP(C) 28983/2022

¶287

PETITIONER EXHIBITS

¶288

Exhibit P1PHOTOGRAPHS SHOWING THE PROPERTY OF
PADANAYARKULANGARA DEVASWOM WHICH IS
ACQUIRED BY THE RESPONDENTS.

¶289

Exhibit P2TRUE COPY OF THE PHOTOGRAPHS SHOWING
THE PROPERTY OF PUTHIYAKAVU DEVASWOM
WHICH IS ACQUIRED BY THE RESPONDENTS.

¶290

Exhibit P3TRUE COPY OF THE RELEVANT PAGE OF THE
SETTLEMENT REGISTER DATED 20/09/2007
OBTAINED FROM THE OFFICE OF THE DIREC-
TOR OF SURVEY AND LAND RECORDS, THIRU-
VANANTHAPURAM.

¶291

Exhibit P4TRUE COPY OF THE PHOTOGRAPHS SHOWING
THE PROPERTY OF KAMANKULANGARA DEVASWOM
WHICH IS ACQUIRED BY THE RESPONDENTS.
Exhibit P5TRUE COPY OF THE CIRCULAR DATED
10/03/2021 ISSUED BY THE DEVASWOM COM-
MISSIONER.
Exhibit P6TRUE COPY OF THE PROCEEDINGS DATED
02/08/2022 ISSUED BY THE 5TH RESPONDENT
WITH REGARD TO PADANAYARKULANGARA
DEVASWOM.
Exhibit P7TRUE COPY OF THE PROCEEDINGS DATED
02/08/2022 ISSUED BY THE 5TH RESPONDENT
WITH REGARD TO PUTHIYAKAVU DEVASWOM.
Exhibit P8TRUE COPY OF THE PROCEEDINGS DATED
02/08/2022 ISSUED BY THE 5TH RESPONDENT
WITH REGARD TO PULIYANKULANGARA DEVAS-
WOM.
Exhibit P9TRUE COPY OF THE PROCEEDINGS DATED
02/08/2022 ISSUED BY THE 5TH RESPONDENT
WITH REGARD TO KAMANKULANGARA DEVASWOM.

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W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

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¶294

Exhibit P10TRUE COPY OF THE JUDGMENT DATED
04/02/2010 76/2009. IN D.B.P
NO.76/2009.

¶295

RESPONDENTS’ EXHIBITS: NIL

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W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

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¶298

APPENDIX OF WP(C) 28984/2022

¶299

PETITIONER EXHIBITS

¶300

Exhibit P1TRUE COPY OF THE RELEVANT PAGES OF NO-
TIFICATION DATED 11/02/2019 ISSUED BY
THE MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS.

¶301

Exhibit P2TRUE COPY OF THE RELEVANT PAGE OF THE
SETTLEMENT REGISTER DATED NIL SHOWING
THE PROPERTY OF RAMAPURAM DEVASWOM.

¶302

Exhibit P3TRUE COPY OF THE BTR DATED NIL ISSUED
BY THE VILLAGE OFFICER, KEERIKKAD.

¶303

Exhibit P4PHOTOGRAPHS SHOWING THE PROPERTY OF
RAMAPURAM DEVASWOM WHICH IS ACQUIRED BY
THE RESPONDENTS.

¶304

Exhibit P5TRUE COPY OF THE SETTLEMENT REGISTER
DATED 18/06/2022 OBTAINED FROM CENTRAL
SURVEY OFFICE, THIRUVANANTHAPURAM.
Exhibit P6PHOTOGRAPHS SHOWING THE PROPERTY OF
HARIPPAD DEVASWOM WHICH IS ACQUIRED BY
THE RESPONDENTS.
Exhibit P7TRUE COPY OF THE SETTLEMENT REGISTER
DATED 14/06/2022 OBTAINED FROM THE CEN-
TRAL SURVEY OFFICE, THIRUVANANTHAPURAM.

¶305

Exhibit P8TRUE COPY OF THE SETTLEMENT REGISTER
DATED 18/06/2022 OBTAINED FROM THE CEN-
TRAL SURVEY OFFICE, THIRUVANANTHAPURAM.
Exhibit P9PHOTOGRAPHS SHOWING THE PROPERTY OF
THIRUVILANJAL DEVASWOM WHICH IS AC-
QUIRED BY THE RESPONDENTS.
Exhibit P10TRUE COPY OF THE CIRCULAR DATED
10/03/2021 ISSUED BY THE DEVASWOM COM-
MISSIONER.

¶306

W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

¶307

¶308

Exhibit P11TRUE COPY OF THE LETTER DATED
14/12/2021 ISSUED BY THE SUB GROUP OF-
FICE OF HARIPPAD DEVASWOM TO THE 5TH
RESPONDENT.

¶309

Exhibit P12TRUE COPY OF THE LETTER DATED
10/03/2022 ISSUED BY THE 5TH RESPONDENT
TO THE SPECIAL GRADE SUB GROUP OFFICER,
HARIPPAD.

¶310

Exhibit P13TRUE COPY OF THE LETTER DATED
04/03/2022 ISSUED BY THE ASSISTANT
DEVASWOM COMMISSIONER, HARIPPAD TO THE
5TH RESPONDENT.
Exhibit P14TRUE COPY OF THE JUDGMENT DATED
04/02/2010 IN D.B.P.NO.76/2009 OF THIS
HON'BLE COURT.

¶311

RESPONDENTS’ EXHIBITS: NIL

¶312

W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

¶313

¶314

APPENDIX OF WP(C) 28989/2022

¶315

PETITIONER EXHIBITS

¶316

Exhibit P1TRUE COPY OF THE NOTIFICATION DATED
25/06/2019 ISSUED BY THE GOVERNMENT OF
INDIA.

¶317

Exhibit P2TRUE COPY OF THE RELEVANT PAGES OF THE
SETTLEMENT REGISTER DATED NIL OF
CHAVARA VILLAGE SHOWING THE PROPERTY OF
ARATHAKANDA DEVASWOM.

¶318

Exhibit P3TRUE COPY OF THE BTR DATED NIL ISSUED
BY THE VILLAGE OFFICER, CHAVARA SHOWING
THE DETAILS OF KOTTANKULANGARA DEVAS-
WOM.

¶319

Exhibit P4PHOTOGRAPHS SHOWING THE PROPERTY OF
KOTTANKULANGARA, ARATHAKANDA AND
PARIMANAM DEVASWOMS WHICH IS ACQUIRED
BY THE RESPONDENTS.
Exhibit P5TRUE COPY OF THE LETTER DATED
06/05/2022 ISSUED BY THE 5TH RESPONDENT
TO THE SUB GROUP OFFICER OF KOTTANKU-
LANGARA DEVASWOM.

¶320

Exhibit P6TRUE COPY OF THE LETTER DATED
09/05/2022 ISSUED BY THE 5TH RESPONDENT
TO THE SUB GROUP OFFICER OF CHAVARA
DEVASWOM.

¶321

Exhibit P7TRUE COPY OF THE JUDGMENT DATED
04/02/2010 IN D.B.P NO. 76/2009 OF THIS
HON'BLE COURT.

¶322

RESPONDENTS’ EXHIBITS: NIL

¶323

W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

¶324

¶325

APPENDIX OF WP(C) 31245/2022

¶326

PETITIONER EXHIBITS

¶327

`Exhibit P1`	`TRUE COPY OF THE NOTIFICATION DATED` `15/02/2018 ISSUED BY THE MINISTRY OF ROAD` `TRANSPORT AND HIGHWAYS.`
`Exhibit P2`	`TRUE COPY OF THE RELEVANT PAGE OF THE SET-` `TLEMENT REGISTER DATED NIL SHOWING THE` `PROPERTY OF VALIYA KALAVOOR DEVASWOM.`
`Exhibit P3`	`PHOTOGRAPHS SHOWING THE PROPERTY OF VALIYA` `KALAVOOR DEVASWOM WHICH IS ACQUIRED BY THE` `RESPONDENTS.`
`Exhibit P4`	`TRUE COPY OF THE BTR DATED NIL ISSUED BY` `THE VILLAGE OFFICER, KALAVOOR.`
`Exhibit P5`	`PHOTOGRAPHS SHOWING THE PROPERTY OF CHERIYA` `KALAVOOR DEVASWOM WHICH IS ACQUIRED BY THE` `RESPONDENTS.`
`Exhibit P6`	`TRUE COPY OF THE RELEVANT PAGE OF THE SET-` `TLEMENT REGISTER DATED NIL SHOWING THE` `PROPERTY OF ERATTAKULANGARA DEVASWOM.`
`Exhibit P7`	`TRUE COPY OF THE BTR DATED NIL ISSUED BY` `THE VILLAGE OFFICER, AMBALAPUZHA.`
`Exhibit P8`	`PHOTOGRAPHS SHOWING THE PROPERTY OF ER-` `ATTAKULANGARA DEVASWOM WHICH IS ACQUIRED BY` `THE RESPONDENTS.`
`Exhibit P9`	`TRUE COPY OF THE RELEVANT PAGE OF THE SET-` `TLEMENT REGISTER DATED NIL SHOWING THE` `PROPERTY OF NEERKUNNAM DEVASWOM.`
`Exhibit P10`	`TRUE COPY OF THE RELEVANT PAGE OF THE SET-` `TLEMENT REGISTER DATED NIL SHOWING THE` `PROPERTY OF VANDANAM DEVASWOM.`
`Exhibit P11`	`PHOTOGRAPHS SHOWING THE PROPERTY OF` `NEERKUNNAM DEVASWOM WHICH IS ACQUIRED BY` `THE RESPONDENTS.`
`Exhibit P12`	`: PHOTOGRAPHS SHOWING THE PROPERTY OF VAN-` `DANAM DEVASWOM WHICH IS ACQUIRED BY THE RE-` `SPONDENTS.`

¶328

W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

¶329

¶330

`Exhibit P13`	`PHOTOGRAPHS SHOWING THE PROPERTY OF THOTTA-` `PALLY DEVASWOM (URIYADI THEVAR DEVASWOM)` `WHICH IS ACQUIRED BY THE RESPONDENTS.`
`Exhibit P14`	`TRUE COPY OF THE CIRCULAR DATED 10/03/2021` `ISSUED BY THE DEVASWOM COMMISSIONER.`
`Exhibit P15`	`TRUE COPY OF THE LETTER DATED 17/01/2022` `ISSUED BY THE DEVASWOM COMMISSIONER TO THE` `ASSISTANT DEVASWOM COMMISSIONER, AMBALAPU-` `ZHA.`
`Exhibit P16`	`TRUE COPY OF THE LETTER DATED 18/03/2022` `ISSUED BY THE ASSISTANT DEVASWOM COMMIS-` `SIONER (IN CHARGE), AMBALAPUZHA TO THE` `DEVASWOM COMMISSIONER.`
`Exhibit P17`	`TRUE COPY OF THE LETTER DATED 21/03/2022` `ISSUED BY THE ASSISTANT DEVASWOM COMMIS-` `SIONER (IN CHARGE), AMBALAPUZHA TO THE` `DEVASWOM COMMISSIONER.`
`Exhibit P18`	`TRUE COPY OF THE LETTER DATED 24/06/2022` `ISSUED BY THE ASSISTANT DEVASWOM COMMIS-` `SIONER (IN CHARGE), AMBALAPUZHA TO THE 5TH` `RESPONDENT.`
`Exhibit P19`	`TRUE COPY OF THE LETTER WITH DETAILS DATED` `22/07/2022 ISSUED BY THE 5TH RESPONDENT TO` `THE ASSISTANT DEVASWOM COMMISSIONER (IN` `CHARGE), AMBALAPUZHA.`

¶331

Exhibit P20
TRUE COPY OF THE JUDGMENT DATED 04/02/2010
IN D.B.P.NO.76/2009 OF THIS HON'BLE COURT.

¶332

RESPONDENTS’ EXHIBITS: NIL

¶333

W.P.(C)Nos.27595 of 2021 and W.P.(C)Nos.28983, 28984, 28989, 31245 and 31350 of 2022

¶334

¶335

APPENDIX OF WP(C)31350/2022

¶336

PETITIONER EXHIBITS

¶337

Exhibit P1TRUE COPY OF THE SETTLEMENT REGISTER OF
PATTANAKKAD VILLAGE SHOWING THE PROPER-
TIES OF PATTANAKKAD TEMPLE.

¶338

Exhibit P2TRUE COPY OF THE RELEVANT PAGES OF THE
NOTIFICATION ISSUED BY THE GOVERNMENT
OF INDIA AS PER SECTION 3 (A)(1) OF THE
NATIONAL HIGHWAY ACT, 1956 PUBLISHED IN
MALAYALA MANORAMA DAILY DATED
11/03/2018.

¶339

Exhibit P3TRUE COPY OF THE REPRESENTATION DATED
25/04/2019 SUBMITTED BY THE DEVASWOM
COMMISSIONER BEFORE THE DISTRICT COL-
LECTOR.

¶340

Exhibit P4TRUE COPY OF THE RELEVANT PAGES OF THE
NOTIFICATION ISSUED BY THE GOVERNMENT
OF INDIA PUBLISHED IN MALAYALA MANORAMA
DAILY DATED 08/02/2020.

¶341

Exhibit P5TRUE COPY OF THE REPRESENTATION DATED
25/02/2020 SUBMITTED BY THE ASSISTANT
DEVASWOM COMMISSIONER, VAIKOM BEFORE
THE 4TH RESPONDENT.

¶342

Exhibit P6TRUE COPY OF THE PROCEEDINGS OF THE 4TH
RESPONDENT DATED 28/10/2020.

¶343

Exhibit P7PHOTOGRAPHS SHOWING THE AREAS WHICH ARE
LOST ON ACCOUNT OF ACQUISITION.

¶344

Exhibit P8TRUE COPY OF THE JUDGMENT DATED
04/02/2010 IN D.B.P NO. 76/2009 OF THIS
HON'BLE COURT.

¶345

RESPONDENTS’ EXHIBITS: NIL

The Travancore Devaswom Board v. National Highways Authority of India - NHAI

Case brief

What is this about?

What did the court decide?

The Travancore Devaswom Board v. National Highways Authority of India - NHAI

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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