Abdul Lathif and Others v Union of India and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** ## **TUESDAY, THE 15TH DAY OF SEPTEMBER 2020 / 24TH BHADRA, 1942** ## **W.P.(C)No.39552 OF 2018(T)** ## **PETITIONERS:** - **1 ABDUL LATHIF, AGED 60 YEARS S/O. AMBALATHUVEETTIL HAMEED, AMBALATHUVEETTIL HOUSE,CHAVAKKAD TALUK, VALLAPPADU P.O, THRISSUR-680568.** - **2 KUNJUMUHAMMED, AGED 74 YEARS S/O. ABDUL KHADER, 901,NEDIYAPARAMBIL HOUSE, CHAVAKKAD TALUK, VALLAPPADU P.O, THRISSUR-680568.** - **3 MARIYUMMA, AGED 69 YEARS S/O. KOLPARAMBIL MOOSA, KOLPARAMBIL HOUSE, MOONUPEEDIKA BEACH ROAD,PERINJANAM, THRISSUR DISTRICT-680568.** - **BY ADVS. SMT.JAYASREE K.P. SHRI.BABU P.P.** ## **RESPONDENTS:** - **1 UNION OF INDIA REP.BY ITS SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, NEW DELHI,PIN-110001.** - **2 THE SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, NEW DELHI,PIN-110 001.** - **3 STATE OF KERALA, REPRESENTED BY THE SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,PIN-695001.** - **4 THE DISTRICT COLLECTOR, THRISSUR, THRISSUR DISTRICT.** - **5 THE NATIONAL HIGHWAY AUTHORITY OF INDIA, G 5 & 6, SECTOR 10, DWARAKA, NEW DELHI,PIN-110075.** W.P.(C)Nos.39552, 28255, 30661 & 40470 of 2018 2 **6 THE DEPUTY COLLECTOR, SPECIAL (LA),NH-17 (NEW NH -66) KODUNGALLUR P.O, THRISSUR DISTRICT.** **R1-R2 BY SRI.R.PRASANTH KUMAR, CGC R5 BY B.G.BIDAN CHANDRAN, SC, NHAI** **R3, R4 & R6 BY SMT.A.C.VIDYA, GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.09.2020, ALONG WITH WP(C).28255/2018(F), WP(C).30661/2018(G), WP(C).40470/2018(G), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C)Nos.39552, 28255, 30661 & 40470 of 2018 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **TUESDAY, THE 15TH DAY OF SEPTEMBER 2020 / 24TH BHADRA, 1942** ## **W.P.(C)No.28255 OF 2018(F)** ## **PETITIONERS:** |**1**|**P.S.ABDUL KAREEM, AGED 54 YEARS**| |---|---| ||**S/O.SAIDALI, PUTHIYAVEETIL HOUSE,**| ||**NEAR ISAF BANK, THRISSUR-680568**| |**2**|**K.V DAKSHAYANI**| ||**AGED 81 YEARS, W/O VELAYUDHAN,**| ||**PAZHCHODU THAIVALAPPIL HOUSE,**| ||**KARAYAMUTTOM POST, VALAPPAD VILLAGE,**| ||**CHAVAKKAD TALUK,**| ||**THRISSUR DISTRICT.**| |**3**|**R.A SALIM**| ||**S/O.ABDUL KHADER, RAYAM MARAKKAR HOUSE,**| ||**PALLIPPURAM PO, VALAPPAD VILLAGE,**| ||**CHAVAKKAD TALUK, THRISSUR DISTRICT.**| |**4**|**T.R SUNIL**| ||**S/O.RAGHAVAN, THAIVALAPPIL HOUSE,**| ||**VALAPPAD VILLAGE, CHAVAKKAD TALUK,**| ||**THRISSUR DISTRICT.**| |**5**|**SHINE PATTALI**| ||**AGED 43 YEARS**| ||**S/O.RAMAKRISHNAN, EDAMUTTOM DESOM,**| ||**VALAPPAD VILLAGE, CHAVAKKAD TALUK,**| ||**THRISSUR DISTRICT.**| |**6**|**SUNIL RAJ**| ||**S/O.BAHULEYAN, KIZHAKKUMURI PO,**| ||**THANNYAM PANCHAYATH, KIZHAKKUMURI VILLAGE,**| ||**THRISSUR DISTRICT.**| |**7**|**ABDUL HAMEED, AGED 49 YEARS**| ||**S/O.AHAMU, EDATHURUTHI VILLAGE,**| ||**THRISSUR DISTRICT.**| W.P.(C)Nos.39552, 28255, 30661 & 40470 of 2018 4 ## **8 SAVITHA K.G, AGED 52 YEARS W/O PRAFFULLA KUMAR, THALIKULAM VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT.** **BY ADV. JAYASREE MANOJ** ## **RESPONDENTS:** - **1 UNION OF INDIA REP. BY ITS SECRETARY, MINISTRY OF RAOD TRANSPORT AND HIGHWAYS, NEW DELHI-110001** - **2 THE SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, NEW DELHI-110001** - **3 STATE OF KERALA REPRESENTED BY THE SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001** - **4 THE DISTRICT COLLECTOR THRISSUR, THRISSUR DISTRICT.** - **5 THE NATIONAL HIGHWAY AUTHOIRTY OF INDIA G 5 & 6, SECTOR 10, DWARAKA, NEW DELHI - 110075** - **6 THE DEPUTY COLLECTOR SPECIAL (L.A) NH-17 (NEW NH-66) KODUNGALLUR P.O., THRISSUR DISTRICT. R1, R2 BY SMT.C.G.PREETHA, CGC R3,R4 & R6 BY SMT.A.C.VIDYA, GOVERNMENT PLEADER R5 BY SRI BIDAN CHANDRAN, SC, NHAI** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.09.2020, ALONG WITH WP(C).30661/2018(G), WP(C).39552/2018(T), WP(C).40470/2018(G), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C)Nos.39552, 28255, 30661 & 40470 of 2018 5 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **TUESDAY, THE 15TH DAY OF SEPTEMBER 2020 / 24TH BHADRA, 1942** ## **WP(C).No.30661 OF 2018(G)** ## **PETITIONERS:** |**1**|**SANTHOSH KUMAR, AGED 51 YEARS**| |---|---| ||**S/O LATE GANGADHARAN, RESIDING AT METHIL HOUSE,**| ||**VALAPPAD PANCHAYATH, VALAPPAD PO, CHAVAKKAD TALUK,**| ||**THRISSUR DISTRICT - 680567**| |**2**|**PRADEEP KUMAR, AGED 49 YEARS,**| ||**S/O.LATE GANGADHARAN, RESIDING AT METHIL HOUSE,**| ||**VALAPPAD PANCHAYATH, VALAPPAD P.O.,**| ||**CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN-680 567.**| |**3**|**SULEKHA ISMAIL**| ||**W/O.LATE ISMAIL.P.K., PUTHYIAVETTIL HOUSE,**| ||**VALAPPAD VILLAGE, CHAVAKKAD TALUK,**| ||**THRISSUR DISTRICT, PIN-680 567.**| ||**BY ADV. SMT.JAYASREE K.P.**| ## **RESPONDENTS:** |**1**|**UNION OF INDIA REP BY IS SECRETARY,**| |---|---| ||**MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,**| ||**NEW DELHI - 110001.**| |**2**|**THE SECRETARY, MINISTRY OF ROAD TRANSPORT AND**| ||**HIGHWAYS, NEW DELHI, PIN-110 001.**| |**3**|**STATE OF KERALA**| ||**REPRESENTED BY THE SECRETARY,**| ||**PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM, PIN-695 001.**| W.P.(C)Nos.39552, 28255, 30661 & 40470 of 2018 6 |**4**|**THE DISTRICT COLLECTOR, THRISSUR,**| |---|---| ||**THRISSUR DISTRICT, PIN-680 001.**| |**5**|**THE NATIONAL HIGHWAY AUTHORITY OF INDIA,**| ||**G5 & 6, SECTOR 10, DWARAKA,**| ||**NEW DELHI, PIN-110 075.**| |**6**|**THE DEPUTY COLLECTOR, SPECIAL (LA),**| ||**NH-17 (NEW NH-66), KODUNGALLUR P.O.,**| ||**THRISSUR DISTRICT, PIN-680 001.**| ||**R1-R2 BY SRI.S.VAIDYANATHAN, CGC**| ||**R3-R4, R6 BY SMT.A.C.VIDYA, GOVERNMENT PLEADER**| ||**R5 BY SRI.B.G.BIDAN CHANDRAN, SC, NHAI**| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.09.2020, ALONG WITH WP(C).28255/2018(F), WP(C).39552/2018(T), WP(C).40470/2018(G), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C)Nos.39552, 28255, 30661 & 40470 of 2018 7 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **TUESDAY, THE 15TH DAY OF SEPTEMBER 2020 / 24TH BHADRA, 1942** **W.P.(C)No.40470 OF 2018(G)** ## **PETITIONERS:** - **1 MALU, AGED 65 YEARS S/O.VELAYUDHAN,KIZHAKKEPPATTU HOUSE, VALLAPPADU.P.O,THRISSUR-680568.** - **2 DAS, AGED 40 YEARS S/O KUMARAN,PUTHUVEETIL HOUSE,VALLAPPADU.P.O, THRISSUR-680568.** - **3 RADHAKRISHNAN, AGED 69 YEARS S.O VELUDHAN,KONDARAPPASSERRIL HOUSE, VALAPPAD.P.O,THRISSUR DISTRICT-680568.** - **4 DASAN, AGED 47 YEARS S/O.VELU,PUTHUVEETTIL HOUSE,VALAPPAD.P.O, THRISSUR DISTRICT-680568.** - **5 SANTHOSH, AGED 52 YEARS S/O.KUMARAN,KOZHIPARAMBIL HOUSE, VALAPPAD.P.O,THRISSUR DISTRICT-680568.** - **6 FRANCIS JOHN, AGED 60 YEARS S/O.JOHN, PORATHOOR THOTTUNGAL,ANAVIZHUNGI, VALAPPAD.P.O,THRISSUR DISTRICT-680568.** - **7 JOSE.P.P, AGED 48 YEARS S/O.PORINJU,PORATHOOR THOTTUNGAL HOUSE,ANAVIZHUNGI, VALAPPAD.P.O,THRISSUR DISTRICT-680568.** - **8 GOPI, AGED 55 YEARS S/O.VELAYUDHAN,PERATHU HOUSE,PONELLUR AMSOM, MANALOOR VILLAGE,KANJANI.P.O, THRISSUR DISTRICT.** W.P.(C)Nos.39552, 28255, 30661 & 40470 of 2018 8 - **9 SANTHOSH, AGED 50 YEARS S/O.CHANGIRI,KIZHAKKEPATTU HOUSE, ANNAVIZHUNGI,VALAPPAD.P.O,THRISSUR DISTRICT-680568.** - **10 VALSAN, AGED 48 YEARS S/.O.KUMARAN,KIZHAKKEPATTU HOUSE, VALAPPAD.P.O,THRISSUR DISTRICT-680568.** - **11 ANNAMMA, AGED 69 YEARS W/O.RAPHAEL,THANTTILMANDI HOUSE, VALAPPAD.P.O,THRISSUR DISTRICT-680568.** - **12 AMMINI AGED 60 YEARS W/O BABU,KIZHAKKEPATTU HOUSE,VALAPPAD.P.O, THRISSUR DISTRICT-680568.** - **13 THAMI, AGED 70 YEARS S/.O.KANDANKORAN,KIZHKKEPATTU HOUSE,VALAPPADI VILLAGE, VALAPPAD.P.O,THRISSUR DISTRICT-680568.** - **14 PREETHA, AGED 38 YEARS D/O.KOUSALIYA,METHIL HOUSE, KIZHAKKEPATTU HOUSE,VALAPPADI VILLAGE, VALAPPAD.P.O,THRISSUR DISTRICT-680568.** ## **BY ADV. SMT.JAYASREE K.P.** ## **RESPONDENTS:** - **1 UNION OF INDIA, REP BY ITS SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, NEW DELHI,PIN-110001.** - **2 THE SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, NEW DELHI,PIN-110001.** - **3 STATE OF KERALA REPRESENTED BY THE SECRETARY, PUBLIC WORKS DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,PIN-695001.** W.P.(C)Nos.39552, 28255, 30661 & 40470 of 2018 9 - **4 THE DISTRICT COLLECTOR THRISSUR,THRISSUR DISTRICT-680001.** - **5 THE NATIONAL HIGHWAY AUTHORITY OF INDIA G 5 & 6,SECTOR 10,DWARAKA, NEW DELHI,PIN 110 075.** - **6 THE DEPUTY COLLECTOR, SPECIAL(L.A), NH-17(NEW NH-66), KODUNGALLUR.P.O, THRISSUR DISTRICT-680001. R1 & R2 BY ADV. SRI.H.KIRAN, CGC R3,R4 & R6 BY SMT.A.C.VIDYA, GOVERNMENT PLEADER R5 BY ADV. SMT.R.ASHALATHA VARMA, SC, NHAI R5 BY ADV. SRI.B.G.BIDAN CHANDRAN,SC, NHAI** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.09.2020, ALONG WITH WP(C).28255/2018(F), WP(C).30661/2018(G), WP(C).39552/2018(T), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C)Nos.39552, 28255, 30661 & 40470 of 2018 10 ## **JUDGMENT** ## W.P.(C)Nos.39552, 28255, 30661 & 40470 of 2018 The petitioners have filed these writ petitions under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P1 notification issued by the 1[st] respondent under subsection (1) of Section 3A of the National Highways Act, 1956 (for brevity, 'the NH Act'), which appeared in Malayala Manorama daily dated 26.06.2018 [which was published in the Official Gazette on 08.06.2018 vide S.O.2346 (E)], for acquiring land for the widening of National Highway-66. The common grievance of the petitioners in these writ petitions is that, Ext.P1 notification is vague as to the extent and other particulars of the properties required for acquisition and as such they are unable to assess the extent of loss that would result on account of acquisition of land, in order to claim adequate compensation. 2. Going by the averments in the respective writ petitions, the 1[st] petitioner in W.P.(C)No.39552 of 2018 is the owner of an extent of 0.8250 Ares of land in Survey Nos.237/1, 237/7B, 237/4, 197/6, 197/7B and 197/9 of Valappad Village in Thrissur District as per Sale Deed No.1617/1979 of Triprayar Sub Registry W.P.(C)Nos.39552, 28255, 30661 & 40470 of 2018 11 Office; the 2[nd] petitioner is the owner of an extent of 08.09 Ares in Survey No.237/1 of the same Village as per Sale Deed No.330/1975 of the same Sub Registry Office; the 3[rd] petitioner is the owner of an extent of 1.1 Ares of property in Survey No.237/1 of the same Village as per Sale Deed No.237/2012 of the same Sub Registry Office; the 1[st] petitioner in W.P.(C)No.28255 of 2018 is the owner of an extent of 26 Cents of land in Survey No.286/7 of Valappad Village in Thrissur District; the 2[nd] petitioner and her sons are the owners of an extent of 11½ Cents of land in Survey No.286/3; the 3[rd] petitioner is the owner of an extent of 16 ½ Cents of land in Survey No.583/2; the 4[th] petitioner and his brothers are the owners of an extent of 25.90 Ares of property in Survey No.286/6A; the 5[th] petitioner is the owner of 20 cents of property in Survey No.583/2; the 6[th] petitioner is the owner of an extent of 7.36 Ares of land in Survey No.286/5A2 and 2.63 Ares in Survey No.286/5A3; the 7[th] petitioner and one Muhammad Ali are the joint owners of properties having an extent of 10.19 Ares in Survey No.263/2, 0.44 Ares in Survey No.263/1, 8.70 Ares in Survey No.286/5B3, 1.472 Ares in Survey No.286/5A2 and 12.14 Ares in Survey No.583/2; the 8[th] petitioner and her husband are W.P.(C)Nos.39552, 28255, 30661 & 40470 of 2018 12 the co-owners of an extent of 6.48 Ares in Survey No.286/7, 7.28 Ares in Survey No.520/1 and 10.47 Ares in Survey No.259/5; the 1[st] petitioner in W.P.(C)No.30661 of 2018 is the owner of an extent of 7.69 Ares in Survey No.269/2 and an extent of 2.63 Ares in Survey No.269/3C of Valappad Village in Thrissur District; the 2[nd] petitioner is the owner of an extent of 16.83 Ares split up of 02.02 Ares in Survey No.188/7B, 08.30 in Survey No.269/2, 0040 Ares in Survey No.269/3B, 01.62 Ares in Survey No.269/3C and 04.49 Ares in Survey No.296/6; the husband of the 3[rd] petitioner is the owner of an extent of 14.57 Ares in survey No.286/7; the 1[st] petitioner in W.P.(C)No.40470 of 2018 and other co-owners are having an extent of 4.05 Ares in Survey No.237/1 of Valappad Village in Thrissur District; the 2[nd] petitioner and other co-owners are having an extent of 02.02 Ares in Survey No.237/1; the 3[rd] petitioner and other co-owners are having an extent of 0.0162 Ares in Survey No.237/5; the 4[th] petitioner is the owner of an extent of 02.02 Ares in Survey No.237/1; the 5[th] petitioner is the owner of an extent of 1.62 Ares in Survey No.237/1, the 6[th] petitioner is stated to be the owner of an extent of 1.78 Ares in Survey No.237/1; the 7[th] petitioner is the owner of an extent of W.P.(C)Nos.39552, 28255, 30661 & 40470 of 2018 13 3.58 Ares in Survey No.237/1; the 8[th] petitioner is the owner of an extent of 02.02 Ares in Survey No.237/5; the 9[th] petitioner is residing in the properties in Survey No.237/1; the 10[th] petitioner is the owner of an extent of 0.0324 Ares in Survey No.237/1; the 11[th] petitioner is the owner of an extent of 06.67 Ares in Survey No.237/1; the 12[th] petitioner is the owner of an extent of 008.8 Ares in Survey No.237/1; the 13[th] petitioner is the owner of an extent of 0.0162 Ares in Survey No.237/1; and the 14[th] petitioner is the owner of an extent of 0.0162 Ares in Survey No.237/1. 3. When these writ petitions came up for admission, the Assistant Solicitor General of India took notice for respondents 1 and 2; the learned Government Pleader took notice for respondents 3, 4 and 6; and the learned Standing Counsel for the National Highway Authority of India (for brevity, 'the NHAI') took notice for the 5[th] respondent. 4. In the respective writ petitions, statements/counter affidavits have been filed on behalf of respondents 2, 3, 5 and 6 through the learned Government Pleader and the learned Standing Counsel for the NHAI. 5. Along with I.A.No.1 of 2020 in W.P.(C)No.39552 of W.P.(C)Nos.39552, 28255, 30661 & 40470 of 2018 14 2018, the petitioners have placed on record as Ext.P6, the notice dated 10.08.2020 issued by the 5[th] respondent Special Deputy Collector and Competent Authority, Land Acquisition (NH), Kodungallur, under Section 3G of the NH Act for the widening of National Highway-66 from 349.19km to 411.845km (Kappirikkad – Edappally Section). The said notice under Section 3G of the NH Act is one issued based on a Section 3D declaration notified by the Central Government in Official Gazette, vide S.O.1561 (E) and S.O.1562 (E) dated 09.04.2019 that the land should be acquired for the purpose mentioned in the notifications issued under subsection (1) of Section 3A, i.e., the notifications published by the Central Government in Official Gazette dated 08.06.2018, 29.11.2018, 21.06.2018, vide S.O.2364 (E), S.O.6015 (E) and S.O.3068 (E). 6. Heard the learned counsel for the petitioners; the learned Central Government Counsel for respondents 1 and 2; the learned Government Pleader for respondents 3, 4 and 6; and also the learned Standing Counsel for the 5[th] respondent NHAI. 7. Section 3A of the NH Act deals with power to acquire land, etc. As per sub-section (1) of Section 3A, where the Central W.P.(C)Nos.39552, 28255, 30661 & 40470 of 2018 15 Government is satisfied that for a public purpose any land is required for the building, maintenance, management or operation of a national highway or part thereof, it may, by notification in the Official Gazette, declare its intention to acquire such land. As per sub-section (2), every notification under sub-section (1) shall give a brief description of the land. As per sub-section (3), the competent authority shall cause the substance of the notification to be published in two local newspapers, one of which will be in a vernacular language. 8. Section 3B of the NH Act deals with power to enter for survey, etc. As per Section 3B, on the issue of a notification under sub-section (1) of Section 3A, it shall be lawful for any person, authorised by the Central Government in this behalf, to make any inspection, survey, measurement, valuation or enquiry; take levels; dig or bore into sub-soil; set out boundaries and intended lines of work; mark such levels, boundaries and lines placing marks and cutting trenches; or do such other acts or things as may be laid down by rules made in this behalf by that Government. 9. Section 3C of the NH Act deals with hearing of W.P.(C)Nos.39552, 28255, 30661 & 40470 of 2018 16 objections. As per sub-section (1) of Section 3C, any person interested in the land may, within twenty-one 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. As per sub-section (2), every objection under sub-section (1) shall be made to the competent authority in writing and shall set out the grounds thereof and the competent authority shall give the objector an opportunity of being heard, either in person or by a legal practitioner, and may, after hearing all such objections and after making such further enquiry, it any, as the competent authority thinks necessary, by order, either allow or disallow the objections. As per sub-section (3), any order made by the competent authority under subsection (2) shall be final. 10. Section 3D of the NH Act deals with declaration of acquisition. As per sub-section (1) of Section 3D, where no objection under sub-section (1) of Section 3C has been made to the competent authority within the period specified therein or where the competent authority has disallowed the objection under subsection (2) of that Section, the competent authority shall, as W.P.(C)Nos.39552, 28255, 30661 & 40470 of 2018 17 soon as may be, submit a report accordingly to the Central Government and on receipt of such report, the Central Government shall declare, by notification in the Official Gazette, that the land should be acquired for the purpose or purposes mentioned in sub-section (1) of Section 3A. As per sub-section (2), on the publication of the declaration under sub-section (1), the land shall vest absolutely in the Central Government free from all encumbrances. As per sub-section (3), where in respect of any land, a notification has been published under sub-section (1) of Section 3A for its acquisition but no declaration under sub-section (1) has been published within a period of one year from the date of publication of that notification, the said notification shall cease to have any effect. As per the proviso to sub-section (3), in computing the said period of one year, the period or periods during which any action or proceedings to be taken in pursuance of the notification issued under sub-section (1) of Section 3A is stayed by an order of a court shall be excluded. As per subsection (4), a declaration made by the Central Government under sub-section (1) shall not be called in question in any court or by any other authority. As per Section 3J, nothing in the Land W.P.(C)Nos.39552, 28255, 30661 & 40470 of 2018 18 Acquisition Act, 1894 shall apply to an acquisition under the NH Act. ## 11. In **Competent Authority v. Barangore Jute Factory** **[(2005) 13 SCC 477]** the Apex Court was dealing with a case in which the impugned notification under sub-section (1) of Section 3A of the NH Act was under challenge on the ground that it does not give a brief description of the land sought to be compulsorily acquired. The Apex Court noticed that, as per sub-section (1) of Section 3A, where the Central Government is satisfied that for a public purpose, any land is required for the building, maintenance, management or operation of a national highway or part thereof, it may, by notification in the Official Gazette, declare its intention to acquire such land. Sub-section (2) of Section 3A provides that every notification under sub-section (1) shall give a brief description of the land. Under sub-section (3), the competent authority is required to cause the substance of the notification to be published in two local newspapers, one of which will be in a vernacular language. So far as the question whether the impugned Notification meets the requirement of sub-section (1) of Section 3A regarding giving brief description of land is concerned, W.P.(C)Nos.39552, 28255, 30661 & 40470 of 2018 19 the Apex Court noticed that, even though plot numbers of land in respect of each mouza are given, different pieces of land are acquired either as whole or in part. Wherever the acquisition is of a portion of a bigger piece of land, there is no description as to which portion was being acquired. Unless it is known as to which portion was to be acquired, the petitioners would be unable to understand the impact of acquisition or to raise any objection about user of the acquired land for the purposes specified under the Act or to make a claim for compensation. Where a statute requires a particular act to be done in a particular manner, the act has to be done in that manner alone. Every word of the statute has to be given its due meaning. The Apex Court held that, the impugned notification fails to meet the statutory mandate of subsection (2) of Section 3A. It is vague. The least that is required in such cases is that the acquisition notification should let the person whose land is sought to be acquired know what he is going to lose. The impugned notification under sub-section (1) of Section 3A is, therefore, not in accordance with the law. 12. In **Mohammed P.A. v. The Deputy Collector and Competent Authority and another [2009 (4) KLT SN 10]** a W.P.(C)Nos.39552, 28255, 30661 & 40470 of 2018 20 Division Bench of this Court held that Section 3D of the NH Act provides for the making of a declaration that the land in relation to which that notification is issued should be acquired for the public purpose. Such declaration is preceded by a notification under sub-section (1) of Section 3A, following which the authority gets the power to enter for survey, etc., in terms of Section 3B. Once declaration is made in terms of Section 3D, the land vests absolutely in the Central Government free of all encumbrances by virtue of sub-section (2) of Section 3D. 13. In the instant case, Ext.P6 notice dated 10.08.2020 in W.P.(C)No.39552 of 2018 is one issued by the 5[th] respondent, under Section 3G of the NH Act, based on a Section 3D declaration notified by the Central Government in Official Gazette, vide S.O.1561 (E) and S.O.1562 (E) dated 09.04.2019, for the widening of National Highway-66 from 349.19km to 411.845km (Kappirikkad – Edappally Section). As per that declaration under Section 3D of the NH Act, the lands included in the the notifications published by the Central Government under subsection (1) of Section 3A, in Official Gazette dated 08.06.2018, 29.11.2018, 21.06.2018, vide S.O.2364 (E), S.O.6015 (E) and W.P.(C)Nos.39552, 28255, 30661 & 40470 of 2018 21 S.O.3068 (E), should be acquired for the purpose mentioned in those notifications. 14. During the course of arguments, the learned Standing Counsel for NHAI would submit that, only the properties included in the notifications issued under sub-section (1) of Section 3A of the NH Act, published in Official Gazette dated 08.06.2018, 29.11.2018, 21.06.2018, vide S.O.2364 (E), S.O.6015 (E) and S.O.3068 (E), are included in Section 3D declaration notified by the Central Government in Official Gazette, vide S.O.1561 (E) and S.O.1562 (E) dated 09.04.2019, and in the notice dated 10.08.2020 [marked as Ext.P6 in W.P.(C)No.39552 of 2018] issued by the 5[th] respondent under Section 3G of the NH Act, for the widening of National Highway-66 from 349.19km to 411.845km (Kappirikkad – Edappally Section). 15. The learned counsel for the petitioner would submit that these writ petitions may be disposed of recording the above stand taken by the NHAI. Having considered the submission made by the learned counsel on both sides, these writ petitions are disposed of, taking note of the law laid down in the decisions referred to supra, and W.P.(C)Nos.39552, 28255, 30661 & 40470 of 2018 22 also the stand taken by the 5[th] respondent NHAI that, only the properties included in the notifications issued under sub-section(1) of Section 3A of the NH Act, published in Official Gazette dated 08.06.2018, 29.11.2018, 21.06.2018, vide S.O.2364 (E), S.O.6015 (E) and S.O.3068 (E), are included in Section 3D declaration notified by the Central Government in Official Gazette, vide S.O.1561 (E) and S.O.1562 (E) dated 09.04.2019, and in the notice dated 10.08.2020 [marked as Ext.P6 in W.P.(C)No.39552 of 2018] issued by the 5[th] respondent under Section 3G of the NH Act, for the widening of National Highway-66 from 349.19km to 411.845km (Kappirikkad – Edappally Section). No order as to costs. **Sd/-** ## **ANIL K. NARENDRAN** JV **JUDGE** W.P.(C)Nos.39552, 28255, 30661 & 40470 of 2018 23 ## **APPENDIX OF WP(C) 39552/2018** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE NOTIFICATION UNDER SECTION 3A(1) OF THE NATIONAL HIGHWAY ACT 1956 PUBLISHED IN THE MALAYALA MANORAMA DAILY DATED 26.6.2018.** - **EXHIBIT P2 A TRUE COPY OF RECEIPT GIVEN BY THE 6TH RESPONDENT TO THE OBJECTION FILED BY THE FIRST PETITIONER TO EXHIBIT P1 NOTIFICATION.** - **EXHIBIT P3 A TRUE COPY OF THE ALIGNMENT SKETCH FOR NATIONAL HIGHWAY WIDENING FOR THE YEAR 2018 PREPARED BY THE NATIONAL HIGHWAY AUTHORITY AND OBTAINED ONE P.S. ABDUL KAREEM UNDER THE RIGHT TO INFORMATION ACT.** - **EXHIBIT P4 A TRUE COPY OF THE PORTION OF THE ALIGNMENT SKETCH FOR THE YEAR 2012.** - **EXHIBIT P5 A TRUE COPY OF THE RECEIPT DATED 2.7.2018 ISSUED BY THE 6TH RESPONDENT TO THE 2ND PETITIONER.** - **EXHIBIT P6 A TRUE COPY OF THE NOTICE UNDER SECTION 3(G)3 OF THE NATIONAL HIGHWAYS ACT, 1956 ISSUED BY THE 6TH RESPONDENT AND PUBLISHED IN MALAYALA MANORAMA DAILY DATED 10/8/2020** ## **RESPONDENTS' EXHIBITS:** - **ANNEXURE R6(A) TURE COPY OF HTE REMARKS DATED 12.10.2018** - **ANNEXURE R6(B) TRUE COPY OF ORDER DATED 15.11.2018** - **ANNEXURE R6(C) A TRUE COPY OF THE ORDER DATED 15.11.2018** W.P.(C)Nos.39552, 28255, 30661 & 40470 of 2018 24 ## **APPENDIX OF WP(C) 28255/2018** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE NOTIFICATION UNDER SECTION 3A(1) OF THE NATIONAL HIGHWAY ACT 1956 PUBLISHED IN THE MALAYALA MANORAMA DAILY DATED 26.6.2018.** **EXHIBIT P2 A TRUE COPY OF THE OBJECTION FILED BY THE FIRST PETITIONER TO EXT.P1 NOTIFICATION.** - **EXHIBIT P3 A TRUE COPY OF THE APPLICATION DATED 7.7.2018 SUBMITTED BY THE PETITIONER TO THE 6TH RESPONDENT UNDER THE RIGHT TO INFORMATION ACT.** **EXHIBIT P3 (A) A TRUE COPY OF THE REPLY GIVEN TO EXT.P3 BY THE 6TH RESPONDENT. EXHIBIT P4 A TRUE COPY OF THE SKETCH GIVEN BY THE 6TH RESPONDENT BY THE FIRST PETITIONER UNDER THE RIGHT TO INFORMATION ACT. EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGE OF EXHIBIT P4 SHOWING THE PROPOSED ALIGNMENT PASSING THROUGH PROPERTY OF THE FIRST PETITIONER. EXHIBIT P6 A TRUE COPY OF THE PORTION OF THE ALIGNMENT SKETCH FOR THE YEAR 2012. EXHIBIT P7 A TRUE COPY OF THE OBJECTION FILED BY THE 2ND PETITIONER AND HER SONS TO EXHIBIT P1 NOTIFICATION.** **EXHIBIT P8 A TRUE COPY OF THE OBJECTION FILED BY THE 5TH PETITIONER TO EXHIBIT P1 NOTIFICATION.** **EXHIBIT P9 A TRUE COPY OF HTE ORDER DATED 21.11.2018 ISSUED BY THE 6TH RESPONDENT TO THE 1ST PETITIONER EXHIBIT P10 A TRUE COPY OF HTE ORDER DATED 31.12.2018 PASSED BY THE 6TH RESPONDENT EXHIBIT P11 A TRUE COPY OF HTE ORDER DATED 21.11.2018 PASSED BY THE 6TH RESPONDENT REJECTING** W.P.(C)Nos.39552, 28255, 30661 & 40470 of 2018 25 ## **OBJECTION FILED BY THE 4TH PETITIONER** **EXHIBIT P12 A TRUE COPY OF HTE OBJECTION TO SECTION 3A NOTIFICATION SERVED TO THE 2ND PETITIONER** ## **RESPONDENTS' EXHIBITS:** **EXHIBIT R5 SKETCH ALLIGNMENT** W.P.(C)Nos.39552, 28255, 30661 & 40470 of 2018 26 ## **APPENDIX OF WP(C) 30661/2018** ## **PETITIONER'S EXHIBITS:** - **EXHIBIT P1** **TRUE COPY OF THE NOTIFICATION UNDER SECTION 3A(1) OF THE NATIONAL HIGHWAY ACT 1956** - **EXHIBIT P2** - **TRUE COPY OF THE PARTITION DEED NO.901/2011 OF THE THRIPRAYAR SUB REGISTRY.** - **EXHIBIT P3 TRUE COPY OF THE BASIC TAX RECEIPT DATED 18.04.2018 ISSUED BY THE VALAPPAD VILLAGE OFFICE.** - **EXHIBIT P4 TRUE COPY OF THE BASIC TAX RECEIPT DATED 18.04.2018 ISSUED BY THE VALLAPPAD VILLAGE OFFICE TO THE 2ND PETITIONER.** - **EXHIBIT P5 TRUE COPY OF THE PROPERTY TAX RECEIPTS DATED 19.09.2016 ISSUED BY THE VALAPPAD GRAMA PANCHAYAT TO THE 2ND PETITIONER IN RESPECT OF HIS RESIDENTIAL BUILDING.** - **EXHIBIT P6 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 19.09.2016 ISSUED BY THE VALAPPAD GRAMA PANCHAYAT TO THE 2ND PETITIONER IN RESPECT OF HIS RESIDENTIAL BUILDING.** - **EXHIBIT P7 TRUE COPY OF THE PROPERTY TAX RECEIPTS DATED 19.09.2016 ISSUED BY THE VALAPPAD GRAMA PANCHAYAT TO THE 2ND PETITIONER IN RESPECT OF HIS RESIDENTIAL BUILDINGS.** - **EXHIBIT P8 TRUE COPY OF THE PROPERTY TAX RECEIPTS DATED 19.09.2016 ISSUED BY THE VALAPPAD GRAMA PANCHAYAT TO THE 2ND PETITIONER IN RESPECT OF HIS COMMERCIAL BUILDING.** **EXHIBIT P9 TRUE COPY OF THE PROPERTY TAX RECEIPTS DATED 19.09.2016 ISSUED BY THE VALAPPAD GRAMA PANCHAYAT TO THE 2ND PETITIONER IN RESPECT OF HIS COMMERCIAL BUILDING.** **EXHIBIT P10 TRUE COPY OF THE SALE DEED NO.57 OF 1996 OF THRIPRAYAR SUB REGISTRY.** - **EXHIBIT P11 TRUE COPY OF THE DEATH CERTIFICATE DATED** W.P.(C)Nos.39552, 28255, 30661 & 40470 of 2018 27 ## **08.07.2015.** **EXHIBIT P12** **TRUE COPY OF THE NOTIFICATION ISSUED FOR ACQUISITION OF LAND FOR NATIONAL HIGHWAY WIDENING IN THE YEARS 2014.** **EXHIBIT P13 TRUE COPY OF THE OBJECTION SUBMITTED BY THE FIRST PETITIONER TO THE 6TH RESPONDENT.** **EXHIBIT P14** **TRUE COPY OF THE RECEIPT DATED 06.07.2018 ISSUED BY THE 6TH RESPONDENT TO THE 2ND PETITIONER.** **EXHIBIT P15 TRUE COPY OF THE RECEIPT DATED 13.07.2018 ISSUED TO THE 3RD PETITIONER BY THE 6TH RESPONDENT.** ## **RESPONDENTS' EXHIBITS:** **ANNEXURE R5(A)** **TRUE PHOTOCOPY OF HT EFIRST PAGE OF THE SEC.3A(1) NOTIFICATION SO NO.2364 (E) DATED 08.06.2018** **ANNEXURE R5(B) TRUE COPY OF HTE LAND ACQUISITION PLAN FROM CH.374/000 TO CH.376/000** W.P.(C)Nos.39552, 28255, 30661 & 40470 of 2018 28 ## **APPENDIX OF WP(C) 40470/2018** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE NOTIFICATION UNDER SECTION 3A(1) OF THE NATIONAL HIGHWAY ACT 1956 PUBLISHED IN THE MALAYALA MANORAMA DAILY DATED 26.6.2018. EXHIBIT P2 A TRUE COPY OF THE BASIC TAX RECEIPT DATED 3.3.2018 ISSUED BY THE VILLAGE OFFICE VALAPPAD TO THE FIRST PETITIONER EXHIBIT P3 A TRUE COPY OF RECEIPT GIVEN BY THE 6TH RESPONDENT TO THE OBJECTION FILED BY THE FIRST PETITIONER TO EXHIBIT P1 NOTIFICAION. EXHIBIT P4 A TRUE COPY OF THE ALINGNMENT SKETCH FOR NATIONAL HIGHWAY WIDENING FOR THE YEAR 2018 PREPARED BYT THE NATIONAL HIGHWAY AUTHORITY AND OBTAINED ONE P.S.ABDUL KAREEM UNDER THE RIGHT TO INFORMATION ACT. EXHIBIT P5 A TRUE COPY OF THE PORTION OF THE ALINGNMENT SKETCH FOR THE YEAR 2012. EXHIBIT P6 A TRUE COPY OF THE TAX RECEIPT DATED 29.5.2018 ISSUED BY THE VALAPPAD VILLAGE OFFICE TO THE 2ND PETITIONER EXHIBIT P7 A TRUE COPY OF THE BUILDING PERMIT ISSUED TO THE 2ND PETITIONER BY THE VALAPPAD GRAMA PANCHAYAT. EXHIBIT P8 A TRUE COPY OF THE RECEIPT DATED 13.7.2018 ISSUED BY THE 6TH RESPONDENT TO THE 2ND PETITIONER. EXHIBIT P9 A TRUE COPY OF THE BASIC TAX RECEIPT DATED 20.7.2018 ISSUED BY THE VALAPPAD VILLAGE OFFICE TO THE 3RD PETITIONER EXHIBIT P10 A TRUE COPY OF THE BASIC TAX RECEIPT DATED 29.10.2018.** W.P.(C)Nos.39552, 28255, 30661 & 40470 of 2018 29 |**EXHIBIT P11**|**A TRUE COPY OF THE RECEIPT DATED 13.7.2018**| |---|---| ||**ISSUED BY THE 6TH RESPONDENT TO THE 4TH**| ||**PETITIONER.**| |**EXHIBIT P12**|**A TRUE COPY OF THE BASIC TAX RECEIPT ISSUED**| ||**TO THE 5TH PETITIONER BY THE VALAPPAD**| ||**VILLAGE**| |**EXHIBIT P13**|**A TRUE COPY OF THE BUILDING PERMIT DATED**| ||**23.4.2018 ISSUED BY THE VALAPPAD GRAMA**| ||**PANCHAYAT TO THE 5TH PETITIONER.**| |**EXHIBIT P14**|**A TRUE COPY OF THE BASIC TAX RECEIPT DATED**| ||**11.5.2018 ISSUED BY THE VALAPPAD VILLAGE**| ||**OFFICE**| |**EXHIBIT P15**|**A TRUE COPY OF THE RECEIPT DATED 10.7.2018**| ||**ISSUED BY THE 6TH RESPONDENT TO THE 6TH**| ||**PETITIONER**| |**EXHIBIT P16**|**A TRUE COPY OF THE BUILDING PERMIT DATED**| ||**3.10.2015 ISSUED BY THE VALAPPAD GRAMA**| ||**PANCHGAYAT**| |**EXHIBIT P17**|**A TRUE COPY OF THE BASIC TAX TO THE VILLAGE**| ||**OFFICE ISSUED BY THE VILLAGE OFFICE**| ||**VALAPPAD**| |**EXHIBIT P18**|**A TRUE COPY OF THE RECEIPT DATED 10.7.2018**| ||**ISSUED BY THE 6TH RESPONDENT TO THE 7TH**| ||**PETITIONER**| |**EXHIBIT P19**|**A TRUE COPY OF THE BASIC TAX RECEIPT DATED**| ||**19.6.2015 BY THE VILLAGE OFFICE VALAPPAD TO**| ||**THE 8TH PETITIONER.**| |**EXHIBIT P20**|**A TRUE COPY OF THE CERTIFICATE DATED**| ||**17.6.2015 ISSUED BY THE VALAPPAD GRAMA**| ||**PANCHAYAT**| |**EXHIBIT P21**|**A TRUE COPY OF THE LETTER DATED 20.4.2016**| ||**ISSUED BY THE TALUK OFFICE CHAVAKKAD TO THE**| ||**9TH PETITIONER.**| |**EXHIBIT P22**|**A TRUE COPY OF THE BASIC TAX RECEIPT DATED**| ||**20.7.2018 ISSUED BY THE VALAPPAD VILLAGE**| ||**OFFICE TO THE 10TH PETITIONER.**| W.P.(C)Nos.39552, 28255, 30661 & 40470 of 2018 30 **EXHIBIT P23 A TRUE COPY OF THE BASIC TAX RECEIPT DATED 27.10.2017 ISSUED BY THE VILLAGE OFFICE CHAVAKKAD** - **EXHIBIT P24 A TRUE COPY OF THE DEATH CERTIFICATE DATED 22.6.2002 ISSUED BY THE VALAPPAD GRAMA PANCHAYAT** - **EXHIBIT P25 A TRUE COPY OF THE RECEIPT DATED 20.7.2018 ISSUED BY THE VILLAGE OFFICE.** - **EXHIBIT P26 A TRUE COPY OF THE BASIC TAX RECEIPT DATED 10.7.2018 ISSUED BY THE VILLAGE OFFICE VALAPPAD TO THE 13TH PETITIONER.** - **EXHIBIT P27 A TRUE COPY OF THE RECEIPT DATED 13.7.2018 ISSUED BY THE 6TH RESPONDENT TO THE 13TH PETITIONER.** - **EXHIBIT P28 A TRUE COPY OF THE DEATH CERTIFICATE DATED 4.8.2010 ISSUED BY THE VALAPPAD GRAMA PANCHAYAT.** **EXHIBIT P29 A TRUE COPY OF THE BASIC TAX RECEIPT DATED 16.6.2018 ISSUED BY THE VILLAGE OFFICE VALAPPAD EXHIBIT P30 A TRUE COPY OF THE RECEIPT DATED 13.7.2018 ISSUED BY THE 6TH RESPONDENT TO THE 14TH PETITIONER.**