St.Joseph Public School v. National Highway Authority of India
Case brief
What is this about?
The Court held that only lands and buildings included in the final notification issued under Section 3D of the National Highways Act can be acquired. The petition was closed with a clarification on the scope of acquisition under the final notification.
What did the court decide?
Closed the writ petition clarifying that only lands in the Section 3D notification are liable for acquisition; other contentions left open.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 24TH DAY OF JANUARY 2022 / 4TH MAGHA, 1943
WP(C) NO. 527 OF 2022
NAME AND ADDRESS OF THE PETITIONER:
ST.JOSEPH PUBLIC SCHOOL
PATTANAKKAD P.O., CHERTHALA, ALAPPUZHA -688 631,
REPRESENTED BY ITS MANAGING DIRECTOR, REV SR.ANEY
JOSEPH
BY ADVS.
BABU KARUKAPADATH
M.A.VAHEEDA BABU
P.U.VINOD KUMAR
ARYA RAGHUNATH
VAISAKHI V.
T.M.MUHAMMED MUSTHAQ
MOHAMED HISHAM P
KARUKAPADATH WAZIM BABU
P.LAKSHMI
AISWARYA ANN JACOB
RESPONDENTS:
1 NATIONAL HIGHWAY AUTHORITY OF INDIA MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, SECTOR 10, DWARAKA , NEW DELHI, PIN-110 075, REPRESENTED BY ITS SECRETARY
2 THE SUPERINTENDING ENGINEER PPP (EXPRESS WAYS), BHARATHMATA PARIYOJANA AND SPECIAL PROJECT, NHAI, M/O.RT & H. R.NO.10, TRANSPORT BHAVAN, 1, PARLIAMENT STREET, NEW DELHI,PIN-110 001
3 STATE OF KERALA, REPRESENTED BY IS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA, THIRUVANANTHAPRUAM-
Issues for consideration
3 issues framed by the court
Whether lands and buildings included only in the final notification under Section 3D can be validly acquired by the competent authority or NHAI.
Whether the petitioner's apprehension regarding acquisition is sustainable when their property was excluded from the final notification.
Whether the writ petition becomes infructuous upon publication of the Section 3D notification.
Parties & counsel
- petitioner
ST.JOSEPH PUBLIC SCHOOL
- respondent
NATIONAL HIGHWAY AUTHORITY OF INDIA
- respondent
STATE OF KERALA
- respondent
THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA
- respondent
THE COMPETENT AUTHORITY & SPECIAL DEPUTY COLLECTOR
- respondent
Case details
As recorded by the court registry
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