P.T. Aysha Vs National Highway Authority of India

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WP(C) Nos.14963/2023& 15853/2023

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2025:KER:25880

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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 HARISANKAR V. MENON

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WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947

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WP(C) NO.14963 OF 2023

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PETITIONER:

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P.T. AYSHA
AGED 56 YEARS, D/O. AHAMMED KOYA,
KALLIYATH HOUSE, MAMANGALAM KARA, PALARIVATTOM,
PIN - 682025

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BY ADVS.

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K.I.MAYANKUTTY MATHER
T.K.SREEKALA
KALLIYANI KRISHNA B.

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RESPONDENTS:

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1 NATIONAL HIGHWAY AUTHORITY OF INDIA G-586, SECTOR-10, DWARAKA P.O., NEW DELHI-110075 REPRESENTED BY ITS CHAIRMAN.

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2 PROJECT DIRECTOR NATIONAL HIGHWAYS AUTHORITY OF INDIA, TC-29/1539/1, RAJASREE KAIRALI, PERUMTHANNI, VALLAKKADAVU P.O, THIRUVANANTHAPURAM–695008.

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3 SPECIAL DEPUTY COLLECTOR (LA) NH 66 (OLD NH 17), KAKKANAD P.O., ERNAKULAM-682030.

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4 THE SPECIAL DEPUTY COLLECTOR (LA NH -66) UNIT -1, NORTH PARAVUR P.O., ERNAKULAM-683513.

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5 UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAWAN, 1, PARLIAMENT STREET, NEW DELHI–110001. BY ADV B.G.BIDAN CHANDRAN R1 BY ADV. KRISHNA R5 BY VISHNU PRADEEP SMT. DEEPA NARAYANAN SENIOR GOVT. PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.03.2025,

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ALONG WITH WP(C) NO.15853 OF 2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:

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WP(C) Nos.14963/2023& 15853/2023

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2025:KER:25880

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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 HARISANKAR V. MENON

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WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947

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WP(C) NO.15853 OF 2023

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PETITIONER:

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SABAH ABDUL SAMAD
AGED 42 YEARS, S/O. ABDUL SAMAD, ANAPPADICKAL HOUSE,
KALPAKANCHERI P.O, KALPAKANCHERI VILLAGE, TIRUR TALUK,
MALAPPURAM DISTRICT,PIN - 676551, REPRESENTED BY POWER OF
ATTORNEY HOLDER LUKMAN MOOSA, S/O.MOOSA, AGED 53 YEARS,
ASARIPALLATH, VELIYATHUNADU KARA, KARUMALLOOR VILLAGE, PARAVUR
TALUK, ERNAKULAM DISTRICT.

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BY ADVS.
P.M.ZIRAJ
IRFAN ZIRAJ
VISHNU P.S.
NIMISHA ANTONY
MOHAMMED SHEHIN.S.S
BIPIN KRISHNAKUMAR
ABHIJITH P.A.

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RESPONDENTS:

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1 NATIONAL HIGHWAY AUTHORITY OF INDIA
G-586, SECTOR-10, DWARAKA P.O. NEW DELHI-110075, REPRESENTED
BY ITS CHAIRMAN.

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2 PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA TC - 29/ 1539/1, RAJASREE KAIRALI, PERUMTHANNI, VALLAKKADAVU P.O. THIRUVANANTHAPURAM-695008.

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3 SPECIAL DEPUTY COLLECTOR (LA ) NH 66 (OLD NH 17), KAKKANAD P.O., ERNAKULAM-682030.

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4 THE SPECIAL DEPUTY COLLECTOR (LA) NH 66 UNIT -1, NORTH PARAVUR P.O., ERNAKULAM-683513.

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5 UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAWAN, 1, PARLIAMENT STREET, NEW DELHI-110001.

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R5 BY ADV VISHNU PRADEEP
R1 & R2 BY KRISHNA
SMT.DEEPA NARAYANAN, SR. GOVT. PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.03.2025,
ALONG WITH WP(C)NO.14963 OF 2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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JUDGMENT

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[WP(C) Nos.14963/2023, 15853/2023]

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These writ petitions are filed at the instance of the owners of certain properties which have been acquired for the purpose of development of NH 66 by the National Highways Authority of India (NHAI).

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The petitioners state that along with the acquisition proceedings, mahazar was prepared making reference to the property otherwise proposed to be acquired, and on the basis of the afore, the property was also surrendered. After surrendering the property, boundary was also constructed on the western side of the property abutting the National Highway. It is at that point of time, a notice came to be issued

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by the Special Tahsildar (LA), as seen from Ext.P11 followed with Exts.P13 and P15 notices (W.P.(C) No.14963 of 2023). A reading of these proceedings/notices would show that the Special Tahsildar has alleged that the petitioner/s in these writ petitions had encroached into the acquired properties.

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Therefore, ultimately, in Ext.P15, there is a direction to demolish the compound wall as well as the basement, with reference to the acquired property within a period of seven days.

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It is challenging the notice/s issued as above, that W.P.(C) No.14963 of 2023 is filed by the petitioner therein. WP(C) No.15853 of 2023 is filed by the neighbouring property owner, seeking to challenge an identical proceeding/notice issued by the Special Tahsildar.

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Noticing that the allegations contained in these writ petitions were with reference to the legality or otherwise of the proceedings/notices issued without pointing out the actual extent of encroachment if any, this Court appointed an Advocate Commissioner for measuring the property, etc., as also, for reporting on various points as noticed in the order. The learned Advocate Commissioner has placed on record the initial report followed with a detailed report dated 11.07.2023 along with the field sketch with reference to the properties

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involved. The Advocate Commissioner has concluded that there is some extent of encroachment, as pointed out in the second page of the sketch with reference to the properties marked as A1, B1, C1 and D1. As regards the petitioner in W.P.(C) No.14963 of 2023, the area allegedly encroached is seen marked as B1 and C1. As regards the petitioner in W.P.(C) No.15853 of 2023, the encroachment is seen identified as A1.

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I have heard Sri.V.V.Asokan, learned Senior counsel for the petitioner in W.P.(C) No.14963 of 2023 and Sri.P.M.Ziraj, learned counsel for the petitioner in W.P.(C) No.15853 of 2023, Sri. Krishnan for respondents 1 and 2, Sri.Vishnu Pradeep for the NHAI and Smt. Deepa, learned Government Pleader for the State.

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This Court notices that in these writ petitions, the challenge is essentially with reference to the notices/ proceedings issued by the Special Tahsildar, directing the removal of encroachments by demolishing the compound wall

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as well as the basement. On a perusal of the notices/ proceedings issued by the Special Tahsildar, I notice that though there is an allegation with reference to the alleged encroachments, the details thereof have not been provided therein. True, on the basis of certain orders issued by this Court, the learned Government Pleader has placed on record a memo dated 19.02.2025 enclosing the sketch, with respect to the alleged encroachments, which is stated to be the basis for issuing notices impugned in these writ petitions. On the face of the afore, I notice that it is the settled principle of law that the notices/proceedings impugned in a writ petition cannot be supplemented by producing additional documents along with a counter affidavit, etc. In the case at hand, I find that the proceedings impugned in these writ petitions do not contain the details of the allegations as regards the encroachment.

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On the face of the afore, I further record the submission made by Sri.V.V. Asokan, learned Senior counsel

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for the petitioner as well as Sri.Krishna, on behalf of respondents 1 and 2 and Sri. Vishnu Pradeep, Government Counsel for the 5^th respondent that, as of now, they are accepting the findings contained in the report/s of the Advocate Commissioner.

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In the light of the afore, I am of the opinion that these writ petitions can be disposed of as under:

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(i) The impugned notice/s in these writ petitions would stand set aside.

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(ii) The Special Tahsildar (LA) will be entitled to issue fresh notices with the required details in tune with the report/s of the Advocate Commissioner to the respective petitioners, within a period of six weeks from today.

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(i) Upon receipt of such notices, the respective petitioners would be entitled to file appropriate replies and the respondents would be entitled to proceed in accordance with law.

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These writ petitions are disposed of as above.

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Sd/HARI SANKAR V. MENON, JUDGE

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Skk//28.03.2025

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APPENDIX OF WP(C) NO.15853 OF 2023

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PETITIONER’S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF DOCUMENT
NO.5002 OF 2005 DATED 30.08.2005

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EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT DATED
02.06.2022 ISSUED BY THE VILLAGE OFFICER,
ALANGAD VILLAGE

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EXHIBIT P3 TRUE PHOTOGRAPHS (TAKEN SHORTLY AFTER ITS
DEMOLITION) DISCLOSING THE THEN EXISTED
COMPOUND WALL ON THE WESTERN BOUNDARY LINE
OF THE PETITIONER’S PROPERTY
EXHIBIT P4 AN EYE SKETCH TO DEMONSTRATE THE ORIGINAL
LIE OF THE PETITIONER’S PROPERTY WITH SIDE
MEASUREMENTS
EXHIBIT P5 A TRUE COPY OF THE SAID AWARD DATED
01.08.2022 AND THE RELEVANT PAGES OF
MAHASAR APPENDED TO IT
EXHIBIT P6 TRUE PHOTOGRAPHS SHOWING THE ALIGNMENT OF
THE NEWLY CONSTRUCTED COMPOUND WALL FOR THE
REMAINING PROPERTY OF THE PETITIONER
EXHIBIT P7 TRUE PHOTOGRAPHS SHOWING THE MARKS AND
STONES PUT BY THE FOURTH RESPONDENT
EXHIBIT P8 A TRUE COPY OF THE SAID NOTICE DATED
29.3.2023
EXHIBIT P9 A TRUE COPY OF THE NOTICE DATED 11.4.2023
ISSUED BY THE FOURTH RESPONDENT
EXHIBIT P10 TRUE COPY OF THE SAID NOTICE/PROCEEDINGS OF
THE FORTH RESPONDENT DATED 26.4.2023
EXHIBIT P11 TRUE COPY OF THE INTERIM ORDER OF THIS
HONORABLE COURT DATED 2.5.2023 IN WPC
NO.14963 OF 2023

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EXHIBIT P12 TRUE COPY OF THE SKETCH OF THE PROPERTY
PREPARED BY THE PETITIONER ON THE BASIS OF
TITLE DEED
EXHIBIT P13 TRUE COPY OF THE PONNUMVILA MAHASSAR NO.
LAC 44/2021/ALGD

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RESPONDENTS’ ANNEXURES:

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ANNEXURE C1 TRUE COPY OF THE LETTER DATED 09/06/2023
ANNEXURE C2 TRUE COPY OF THE NOTICE DATED 30-05-2023
ISSUED BY THE ADVOCATE COMMISSIONER

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ANNEXURE C3 8. SKETCH WITH DESCRIPTION PREPARED BY THE
TALUK SURVEYOR IN WPC 15853 AND 14963 OF
2023

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APPENDIX OF WP(C) NO.14963 OF 2023

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PETITIONER’S EXHIBITS:

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`EXHIBIT P1`	`TRUE COPY OF DOCUMENT NO. 5003/2005 OF` `ALANGAD SUB REGISTRY OFFICE DATED 30.8.2005` `OF ALANGAD SRO`
`EXHIBIT P2`	`TRUE COPY OF THE LAND TAX RECEIPT DATED` `27.4.2022 IN RESPECT OF THE PETITIONER’S` `PROPERTY AS COVERED UNDER EXT.P1`
`EXHIBIT P3`	`PHOTOGRAPHS (TAKEN SHORTLY BEFORE ITS` `DEMOLITION) DISCLOSING THE ALIGNMENT OF THE` `THEN EXISTED COMPOUND WALL ON THE WESTERN` `BOUNDARY LINE OF THE PETITIONER’S PROPERTY`
`EXHIBIT P3(A)`	`PHOTOGRAPHS (TAKEN SHORTLY BEFORE ITS` `DEMOLITION) DISCLOSING THE OLD COMPOUND` `WALL AND THE BUILDING SITUATED IN THE` `PETITIONER’S PROPERTY.`
`EXHIBIT P4`	`EYE SKETCH TO DEMONSTRATE THE ORIGINAL LIE` `OF THE PETITIONER’S PROPERTY WITH SIDE` `MEASUREMENTS`
`EXHIBIT P5`	`TRUE COPY OF THE AWARD AND MAHAZAR DATED` `10.5.2022 ISSUED BY THE 4TH RESPONDENT`
`EXHIBIT P6`	`TRUE COPY OF THE REVISED AWARD ALONG WITH` `MAHAZAR DATED 25.6.2022 ISSUED BY THE 4TH` `RESPONDENT`
`EXHIBIT P7`	`TRUE COPY OF THE ADDENDUM AWARD DATED` `19.8.2022 ISSUED BY THE 4TH RESPONDENT.`
`EXHIBIT P8`	`PHOTOGRAPH SHOWING THE ALIGNMENT OF THE` `NEWLY CONSTRUCTED COMPOUND WALL FOR THE` `REMAINING PROPERTY OF THE PETITIONER`
`EXHIBIT P8(A)`	`PHOTOGRAPH SHOWING THE NEWLY CONSTRUCTED` `BASEMENT ON THE SOUTHERN SIDE`
`EXHIBIT P8(B)`	`PHOTOGRAPH SHOWING THE PRESENT CONDITION OF` `THE NEWLY CONSTRUCTED BASEMENT AND POLES`

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`EXHIBIT P9`	`PHOTOGRAPHS SHOWING THE MARKS AND STONES` `PUT BY THE 4TH RESPONDENT TO MARK THE EDGES` `OF THE ACQUIRED LAND.`
`EXHIBIT P10`	`PHOTOGRAPHS SHOWING THE REMNANTS OF THE OLD` `COMPOUND WALL`
`EXHIBIT P10(A)`	`PHOTOGRAPH TAKEN FROM SOUTHERN SIDE TO SHOW` `THE AVAILABITY OF REMNANTS OF THE OLD` `COMPOUND WALL`
`EXHIBIT P11`	`TRUE COPY OF THE NOTICE ISSUED BY THE 4TH` `RESPONDENT DATED 29.3.2023`
`EXHIBIT P12`	`TRUE COPY OF THE REPRESENTATION /` `EXPLANATION GIVEN BY THE PETITIONER TO THE` `4TH RESPONDENT DATED 13.4.2023`
`EXHIBIT P13`	`TRUE COPY OF THE NOTICE ISSUED BY THE 4TH` `RESPONDENT DATED 11.4.2023`
`EXHIBIT P14`	`PHOTOGRAPHS DISCLOSING THE MARKS MADE BY` `THE 4TH RESPONDENT AS WELL AS THE PULLING` `DOWN OF THE POLE`
`EXHIBIT P15`	`TRUE COPY OF THE PROCEEDINGS/ NOTICE ISSUED` `BY THE 4TH RESPONDENT DATED 26.4.2023`
`EXHIBIT P16`	`PHOTOGRAPHS DISCLOSING THE EXISTENCE OF THE` `REMNANTS OF THE ORIGINAL BOUNDARY WALL ON` `THE WESTERN SIDE OF THE SUBJECT PROPERTY`
`EXHIBIT P16(A)`	`PHOTOGRAPHS DISCLOSING THE EXISTENCE OF THE` `REMNANTS OF THE ORIGINAL BOUNDARY WALL ON` `THE WESTERN SIDE OF THE SUBJECT PROPERTY`
`EXHIBIT P16(B)`	`PHOTOGRAPHS DISCLOSING THE CONSTRUCTION OF` `THE NEW COMPOUND WALL DEMARCATING` `PETITIONER’S PROPERTY AND KEEPING OUT THE` `ACQUIRED PROPERTY`
`EXHIBIT P16(C)`	`PHOTOGRAPHS DISCLOSING THE SIDE VIEW OF THE` `EXISTING REMNANTS OF THE ORIGINAL BOUNDARY` `WALL ON THE WESTERN SIDE OF THE SUBJECT` `PROPERTY`

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EXHIBIT P16(D) PHOTOGRAPHS DISCLOSING THE EXISTENCE OF THE
REMNANTS OF THE ORIGINAL BOUNDARY WALL ON
THE WESTERN SIDE OF THE SUBJECT PROPERTY
TAKEN FROM THE EASTERN SIDE

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EXHIBIT P16(E) PHOTOGRAPHS DISCLOSING THE EXISTENCE OF THE
REMNANTS OF THE ORIGINAL BOUNDARY WALL ON
THE WESTERN SIDE OF THE SUBJECT PROPERTY
TAKEN FROM THE SOUTHERN SIDE

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RESPONDENTS’ EXHIBITS:

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EXHIBIT R1(A) TRUE COPY OF THE LAND ACQUISITION MAHAZAR
DATED 18.06.2022

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EXHIBIT R1(B) TRUE COPY OF THE SUBDIVISION SKETCH ISSUED
FROM THE OFFICE OF THE SPECIAL TAHSILDAR,
NORTH PARAVUR

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EXT.P17 COPY OF THE PHOTOGRAPH SHOWING THE PROGRES
OF THE DRAINAGE WORKS ON THE EASTERN SIDE
OF THE HIGHWAY

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EXT.P17(A) COPY OF THE PHOTOGRAPH SHOWING THE PROGRESS
OF THE DRAINAGE WORKS ON THE EASTERN SIDE
OF THE HIGHWAY OF ANOTHER VIEW

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EXHIBIT P17 PHOTOGRAPHS DEMONSTRATING THE PRESENT STATE
OF AFFAIRS OF THE SITE

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RESPONDENTS’ ANNEXURES:

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ANNEXURE C1 TRUE COPY OF THE LETTER DATED 09/06/2023
ANNEXURE C2 TRUE COPY OF THE NOTICE DATED 30-05-2023
ISSUED BY THE ADVOCATE COMMISSIONER

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ANNEXURE C3 SURVEY SKETCH WITH DESCRIPTION PREPARED BY
THE TALUK SURVEYOR IN WPC 15853 AND 14963
OF 2023

P.T. Aysha v. National Highway Authority of India

Case brief

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P.T. Aysha v. National Highway Authority of India

Case brief

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