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P.M.KUTTY v. NATIONAL HIGHWAYS AUTHORITY OF INDIA

Kerala High Court
Jun 19, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

WEDNESDAY, THE 19TH DAY OF JUNE 2019 / 29TH JYAISHTA, 1941 WP(C).No.12566 of 2018

PETITIONERS:

1 P.M.KUTTY

PARAYIL HOUSE,PALACHIRAMADU,EDARIKODU,MALAPPURAM-

676501.

2 AHAMMED KUTTY

EDASSERY HOUSE,POLACHIRAMADU,EDACHIRA,MALAPPURAM

-676501.

BY ADVS.

SRI.AUGUSTINE JOSEPH

SRI.GEORGE RENOY

SRI.K.S.ROCKEY

SRI.TONY AUGUSTINE

RESPONDENTS:

1 NATIONAL HIGHWAYS AUTHORITY OF INDIA

REPRESENTED BY ITS CHAIRMAN,G5 & 6,SECTOR 10,DWARAKA,NEW DELHI-110001.

2 THE PROJECT DIRECTOR

NATIONAL HIGHWAYS AUTHORITY OF INDIA,PROJECT

IMPLEMENTATION UNIT,KRISHNAKRIPA,AISWARYA ROAD,CIVIL

STATION.P.O,KOZHIKODE-673020.

3 THE DIRECTOR

PUBLIC GRIEVANCES,DGM ADMINISTRATION,NATIONAL HIGHWAY

AUTHORITY OF INDIA,G5 & 6,SECTOR 10,DWARAKA,NEW DELHI-110001.

4 UNION OF INDIA

MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,REPRESENTED

BY THE SECRETARY TO GOVERNMENT,DWARAKA,NEW DELHI-

110075.

5 THE DISTRICT COLLECTOR

CIVIL STATION,MALAPPURAM-676505.

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2

6 THE DEPUTY COLLECTOR LA(NH-66) KOTTAKKAL,MALAPPURAM-676505.

7 STATE OF KERALA

PUBLIC WORKS DEPARTMENT,REPRESENTED BY ITS

SECRETARY TO GOVERNMENT,GOVERNMENT

SECRETARIAT,THIRUVANANTHAPURAM-695001.

8 PERUMANNA KLARI PANCHAYATH

REPRESENTED BY ITS SECRETARY,KLARI.P.O,MALAPPURAM-

676519.

BY ADVS.

SMT.I.SHEELA DEVI

GOVERNMENT PLEADER

SMT.MINI GOPINATH, CGC

SHRI.PRADEEP BABU P.D.

Y JAFARKHAN SPL GP TO ADDNL AG

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

19.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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JUDGMENT

The petitioners approached this Court challenging Ext.P5 notification issued under Section 3A(1) of the National Highway Act, 1956. The petitioners' case is that earlier there was an alignment and taking note of the alignment as above, the petitioners constructed new houses. Thereafter, alignment has been changed. By change of alignment, the petitioners would be badly affected. The petitioners submit that they had constructed new houses by expending more than Rs.15 crores.

2. The challenge in regard to the alignment cannot be considered by this Court. Apex Court judgment in Union of India v. Kushala Shetty [(2011) 12 SCC 69], Competent Authority v. Barangore Jute Factory [(2006) KHC 156] held that the National Highway Authority is an expert body in the field of development of Highway and therefore, no authority can interfere with the

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alignment fixed by such authority. In such view of the matter, there is no scope for interfering with this matter. However, taking note of the representations of the petitioners, the National Highway Authority is directed to consider the representation submitted by the petitioners as per Ext.P12. Therefore, the 2ndrespondent shall take a decision on Ext.P12 within a period of two months.

The writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE

SAS/19/06/2019 //TRUE COPY//

P.A. TO JUDGE

JUDGE

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APPENDIX

PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE NOTIFICATION PUBLISHED IN

THE MALAYALA MANORAMA DAILY DATED 5.2.2010.

EXHIBIT P2 TRUE COPY OF THE NOTIFICATION PUBLISHED IN

THE MALAYALA MANORAMA DAILY DATED

24.1.2012.

EXHIBIT P3 TRUE COPY OF THE NOTIFICATION PUBLISHED IN

THE MALAYALA MANORAMA DAILY DATED

24.5.2013.

EXHIBIT P4 TRUE COPY OF THE NOTICE ISSUED BY THE 6TH

RESPONDENT DATED 17.6.2013 TO THE 2ND

PETITIONER

EXHIBIT P5 TRUE COPY OF THE NOTIFICATION PUBLISHED IN

THE MALAYALA MANORAMA DAILY DATED 14.3.2018

EXHIBIT P6 TRUE COPY OF THE OLD ALINGNMENT MARKED IN A

SATELLITE PICTURE.

EXHIBIT P7 TRUE COPY OF THE CHANGED NEW ALINGNMENT

MARKED IN A SATELLITE PICTURE.

EXHIBIT P8 TRUE COPY OF THE NOTICE DATED 3.4.2018 FROM

THE 6TH RESPONDENT TO THE 1ST PETITIONER

EXHIBIT P9 TRUE COPY OF THE OBJECTION FILED BY THE 1ST

PETITIONER BEFORE THE 6TH RESPONDENT DATED

3.4.2018.

EXHIBIT P10 TRUE COPY OF THE NOTICE DATED 3.4.2018 FROM

THE 6TH RESPONDENT AND ITS REPLY.

EXHIBIT P11 TRUE COPY OF THE RESOLUTION DATED 15.3.2018

OF THE 8TH RESPONDENT,GRAMA PANCHAYATH

EXHIBIT P12 TRUE COPY OF THE REPRESENTATION DATED

31.3.2018 SUBMITTED BEFORE THE 1ST

RESPONDENT.

EXHIBIT P13 TRUE COPY OF A PLAN FROM THE NHAI OF THIS

STRETCH

RESPONDENTS' EXHIBITS:

ANNEXURE R1-A TRUE PHOTOCOPY OF TABLE 10-3 OF THE REPORT

SHOWING THE COMPARISON OF ALIGNMENT

ALTERNATIVES FOR KOTTAKKAL BYPASS