High Court of KeralaSingle JudgeDisposal of four writ petitions directing CALA ...

In the High Court of Kerala at Ernakulam - WP(C) Nos. 2465/2022, 2520/2022, 3286/2022, 4110/2022

Case / Petition Number:WP(C) Nos. 2465/2022, 2520/2022, 3286/2022, 4110/2022

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Devan Ramachandran
Judgment Date
2022-03-11
Court Decision / Holding
Writ petitions disposed of directing CALA to hear the petitioners and consider all claims, including under Schedules II and III of the Fair Compensation Act, and to pass appropriate orders expeditiously, without dictating the CALA’s method of proceeding.
Final Disposition
Disposal of four writ petitions directing CALA to hear and decide the petitioners’ claims expeditiously, including under Schedules II and III of the Fair Compensation Act; no further directions beyond expeditious processing are deemed necessary at this stage.

Parties to the Case

Appellants / Petitioners

  • Nazar P.K.
  • Neelu Nazar
  • Mohammed Rafi
  • Abdul Hameed M.
  • Suresh S.
  • Nujoom B.
  • V.C. Rajeev
  • Iqbal E.
  • Mrithyunjayan Nair K.
  • Anil V.C.
  • Selvarajan T.
  • Riju D.
  • Asha Sreekumar
  • Salim A.
  • Thankappan Nair B.
  • Shahal M.
  • Shereefuden M.
  • Sreejith P.S.
  • Baiju K.
  • Thulasidharan R.
  • Muhammed Ashraf
  • A. Mohandas
  • P. Sunil
  • M. Saifudeen
  • Kahar Muhammed Kunju
  • Shamsudeen Kunju M.
  • Nishad S.
  • Suresh C.K.
  • Vijaykumar K.
  • Nazarudeen A.
  • Abdul Rahim S.
  • Biju B.
  • Shameer B.
  • Muhammed Iqbal A.
  • Abdul Rasak M.
  • T.K. Salim
  • H. Abdul Salim
  • Binu Varghese
  • M. Mubarak Ahammed
  • Haseena Sainul Abdeen
  • Abdul Hakkim A.
  • Dr. Shyama S.
  • Mathew Jacob
  • Sukumaran N.
  • Shums A.
  • Muraleedharan Nair G.
  • Pushppamma
  • Krishnankutty
  • Sarojini Amma P.
  • V.K. Mathew
  • Dr. Niyas Sait
  • Cheriyan George
  • Ishakkku Kunju
  • Tha hakutty A.
  • Dr. Riyas Ahammed
  • B. Krishna Pillai

Respondents

  • Union of India
  • State of Kerala
  • National Highways Authority of India
  • The Project Director, National Highways Authority of India
  • Special Deputy Collector and Competent Authority, Land Acquisition, National Highways Authority of India, Collectorate, Thrissur
  • Special Deputy Collector and Competent Authority, Land Acquisition, National Highways Authority of India, Collectorate, Alappuzha
  • Special Deputy Collector and Competent Authority, Land Acquisition, National Highways Authority of India, Collectorate, Kollam

Legal Representation & Advocates

Counsels for Petitioners

  • • P.A. Mohammed Shah
  • • Renoy Vincent
  • • Aswin Kumar M J
  • • Helen P.A.
  • • Arun Roy Shahir Showkath Ali
  • • N.J. Ashwin
  • • Mathews K.Philip (Matthews K. Philip)

Counsels for Respondents

  • • Mini Gopinath
  • • Bidan Chandran
  • • K. Amminikutty
  • • E.C. KuriaKose

Case Synopsis & Summary

These writ petitions, heard together, challenge the land acquisition process, compensation, and rehabilitation aspects under the National Highways Act, 1956 and the Fair Compensation Act, 2013. Petitioners from multiple batches contend that they are entitled to benefits under Schedules II and III of the Fair Compensation Act and seek judicial oversight of the Compensation and Land Acquisition process (CALA) before awards are finalized. The government defendants contend the petitions are premature since awards have not yet been issued and that CALA must decide the claims in due course, while being guided by this Court’s declarations in Soumini and by the broader statutory framework. The Court observes that the issues are common across petitions and that CALA must consider all relevant facets, including rehabilitative measures, and cannot be dictated by the Government’s posture. It emphasizes expeditious processing of awards and adherence to statutory mandates, and reiterates that CALA should complete proceedings with due regard to Schedule II and III claims under the Fair Compensation Act, while being bound by the Court’s earlier pronouncements. The judgment ultimately directs CALA to hear the petitioners, assess all claims, and issue appropriate awards expeditiously, without restricting CALA’s independent decision-making within the statutory framework.

Provisions of Law Cited

National Highways Act, 1956 (Section 3D)National Highways Act, 1956 (Section 105(3))National Highways Act, 1956 (Section 113)Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Schedules II & III)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners submit that the land acquisition process and awards under the NH Act must ensure full compensation under the Fair Compensation Act, including schedules II and III; they urge the CALA to evaluate all eligible claims, consider rehabilitation needs, and adhere to the declarations in this Court’s Soumini decision. They contend that CALA should not be constrained by formalistic restrictions and must proceed to determine entitlement and grant appropriate awards expeditiously, with due regard to fairness, transparency, and the rights of landowners and occupiers.

Contentions of Respondents

The respondents argue the petitions are premature because no final awards have been issued; CALA must decide all claims in accordance with the NH Act and the Fair Compensation Act, including Schedules II and III. They contend CALA’s independence must be preserved; the court should not issue directives that fetter CALA’s discretion, but should guide it to consider rehabilitative arrangements and to adhere to this Court’s declarations in Soumini.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
T. P. Soumini & others v. Union of India2022 (1) KHC 283PositiveThe judgment acknowledges that the controversy has been touched upon and considered in this earlier decision and follows its declarations.
Soumini (supra)Soumini (supra)PositiveThe court repeatedly references Soumini (supra) for guiding principles and declarations to be applied by CALA.
WRIT PETITION NO. 19310/2021WP 19310/2021Mentioned OnlyExhibit P43 contains the judgment; it is cited for reference but its ratio is not invoked in the present judgment.

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Extracted Judgment Text

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## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 11[TH] DAY OF MARCH 2022 / 20TH PHALGUNA, 1943** ## **WP(C) NO. 2465 OF 2022** ## **PETITIONERS:** 1 NAZAR P.K., AGED 54 YEARS S/O.P.V.MUHAMMU, PAARATTUVEETIL, POST ORUMANAYUR, CHAVAKKAD, THRISSUR-680 512. 2 NEELU NAZAR, AGED 33 YEARS W/O.NAZAR.P.K., PAARATTUVEETIL, POST ORUMANAYUR, CHAVAKKAD, THRISSUR-680 512. BY ADVS. P.A.MOHAMMED SHAH ASWIN KUMAR M J RENOY VINCENT HELEN P.A. ARUN ROY SHAHIR SHOWKATH ALI ## **RESPONDENTS:** 1 UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, NEW DELHI-110 001. 2 STATE OF KERALA, REPRESENTED BY ADDITIONAL CHIEF SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 3 NATIONAL HIGHWAY AUTHORITY OF INDIA, G-586, SECTOR 10, DWARAKA, NEW DELHI-110 075, REPRESENTED BY ITS CHAIRMAN. 4 THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, VII/511 B, NAITHELI MAVELIKARA ROAD, MAVELIPURAM, KAKKANAD, KERALA-682 030. 2 WP(C) NO. 2465 OF 2022 & con.cases 5 SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY, LAND ACQUISITION, NATIONAL HIGHWAY AUTHORITY OF INDIA, COLLECTORATE, THRISSUR-680 664. BY ADV SMT.MINI GOPINATH, CGC SRI BIDAN CHANDRA SC. SMT.K.AMMINIKUTTY SR.G.P. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.03.2022, ALONG WITH WP(C).2520/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 2465 OF 2022 & con.cases 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 11[TH] DAY OF MARCH 2022 / 20TH PHALGUNA, 1943 WP(C) NO. 2520 OF 2022** ## **PETITIONERS:** - 1 MOHAMMED RAFI, SAFA MANZIL, KALLAMBALAM P.O., NAVAIKULAM, THIRUVANANTHAPURAM-695605. - 2 ABDUL HAMEED M., FIROZ NILAYAM, KALLAMBALAM P.O., NAVAIKULAM, THIRUVANANTHAPURAM-695605. - 3 SURESH S., CHOTHI, THOTTAKKADU P.O., MANAMBOOR, THIRUVANANTHAPURAM-695605. - 4 NUJOOM B., SABITH MANZIL, KOTTARAKONAM, PC MUKKU P.O., NAVAIKULAM, THIRUVANANTHAPURAM-695605. - 5 V.C. RAJEEV, R.V. VILASAM, VADASSERIKONAM P.O., CHENNANCODE, THIRUVANANTHAPURAM-695143. - 6 IQBAL E., PAULLIPPURAM HOUSE, MARUTHIKUNNU P.O., NAVAIKULAM, THIRUVANANTHAPURAM-695603. - 7 MRITHYUNJAYAN NAIR K., SREEKUMAR VILASOM, P.C. MUKKU P.O., KALLAMBALAM, THIRUVANANTHAPURAM695605. - 8 ANIL V.C., AVITTAM, KALLAMBALAM P.O., THIRUVANANTHAPURAM-695605. - 9 SELVARAJAN T., LEKSHMI VIHAR, KALLAMBALAM P.O., THIRUVANANTHAPURAM-695605. - 10 RIJU D., INDEEVARAM, PALAYAMKUNNU P.O., VARKALA, THIRUVANANTHAPURAM-695146. WP(C) NO. 2465 OF 2022 & con.cases 4 - 11 ASHA SREEKUMAR, ROADUVILLA PUTHEN VEEDU, MUKKUKADA, MARUTHIKUNNU P.O., THIRUVANANTHAPURAM695603. - 12 SALIM A., SHEREF MANZIL, PEROOR P.O., KILIMANOOR, THIRUVANANTHAPURAM-695601. - 13 THANKAPPAN NAIR B., SUTHI, KARICHIYIL, ATTINGAL P.O., THIRUVANANTHAPURAM-695101. - 14 SHAHAL M., FIRDOUSE, UMAYANALLOOR P.O., KOLLAM-691589. - 15 SHEREEFUDEN M., SHAMEER MANZIL, PARAKUNNU P.O., NAVAIKULAM, THIRUVANANTHAPURAM-695603. - 16 SREEJITH P.S., ROSE BHAVAN, PULIVELIKONAM, KALLAMBALAM P.O., NAVAIKULAM, THIRUVANANTHAPURAM695605. - 17 BAIJU K., VAISHNAVAM, KALLAMBALAM P.O., KARAVARAM, THIRUVANANTHAPURAM-695605. - 18 THULASIDHARAN R., AMBADI, VAIRAMALA, NAVAIKULAM P.O., THIRUVANANTHAPURAM-695603. - 19 MUHAMMED ASHRAF, P.V.P. HOUSE, MUKKUKADA, MARUTHIKUNNU P.O., NAVAIKULAM, THIRUVANANTHAPURAM-695603. - 20 A. MOHANDAS, KOTTAPPURATH, PATTATHANAM, KOLLAM-691021. - 21 P. SUNIL, V.N. VIHAR, NEDUMPARAMBU P.O., KARAVARAM, THIRUVANANTHAPURAM-695102. - 22 M. SAIFUDEEN, BAITHUNOOR, EDAVOORKONAM, PUTHUSSERIMUKKU P.O., KALLAMBALAM, THIRUVANANTHAPURAM-695605. WP(C) NO. 2465 OF 2022 & con.cases 5 23 KAHAR MUHAMED KUNJU, KUZHIVILA PUTHENVEEDU, P.C. MUKKU P.O., KALLAMBALAM, THIRUVANANTHAPURAM695605. P.A.MOHAMMED SHAH RENOY VINCENT ASWIN KUMAR M J HELEN P.A. ARUN ROY SHAHIR SHOWKATH ALI ## **RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY SECRETARY,MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, NEW DELHI-110001. - 2 STATE OF KERALA, REPRESENTED BY ADDITIONAL CHIEF SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. - 3 NATIONAL HIGHWAY AUTHORITY OF INDIA, G-586, SECTOR-10, DWARAKA, NEW DELHI-110075, REPRESENTED BY ITS CHAIRMAN. - 4 THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, VII/511 B, NAITHELI-MAVELIKKARA ROAD, MAVELIPURAM, KAKKANAD, KERALA-682030. - 5 SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY, LAND ACQUISITION, NATIONAL HIGHWAY AUTHORITY OF INDIA, COLLECTORATE, THIRUVANANTHAPURAM-695043. SMT.MINI GOPINATH, CGC E.C.KURIAKOSE SMT.K.AMMINIKUTTY SR.G.P. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.03.2022, ALONG WITH WP(C).2465/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 2465 OF 2022 & con.cases 6 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **FRIDAY, THE 11[TH] DAY OF MARCH 2022 / 20TH PHALGUNA, 1943 WP(C) NO. 3286 OF 2022** ## **PETITIONERS:** - 1 SHAMSUDEEN KUNJU M., S/O. MUHAMMADU KUNJU, VALALIL MEENATHATHIL,, MARU SOUTH ALUMKADAVU P.O., KARUNAGAPPALLY, ANAPPAD, CHERIYAZHEEKAL, KOLLAM-690573. - 2 NISHAD S., S/O. SHAMSUDHEEN KUNJU, VALALIL MEENATHATHIL, MARU SOUTH ALUMKADAVU P.O., KARUNAGAPPALLY, ANAPPAD, CHERIYAZHEEKAL, KOLLAM690573. - 3 SURESH C.K., CHALIL NJAKANAL P.O., KRISHNAPURAM, KRISHNAPURAM (PART), NJAKKANAL, ALAPPUZHA-690533. - 4 VIJAYKUMAR K., S/O. KOCHUKRISHNAN, KALLIKKATTU, NJAKKANAL, KRISHNAPURAM, KRISHNAPURAM (PART), NJAKKANAL, ALAPPUZHA-690533. - 5 NAZARUDEEN A., S/O. ASSANARU KUNJU, ANWARSHA MANZIL, CHANGANKULANGARA, VAVVAKKAVU P.O., KARUNAGAPPALLY, OACHIRA, KOLLAM-690526. - 6 ABDUL RAHIM S., S/O. SIDDIQ KUTTY, MUNDEPPALLIL, KADATHOOR, KULASEKHARAPURAM, KOLLAM, KERALA690544. - 7 BIJU B., S/O. BHASKARAN G., NARAYANSEEYAM, NEELIKULAM, K.S. PURAM P.O., KULASEKHARAPURAM, KOLLAM -690544. - 8 SHAMEER B., S/O. BASHEER KUNJU, CHEMATHU THARAYIL, VADAKKUMTHALA, KOLLAM, KERALA-690536. WP(C) NO. 2465 OF 2022 & con.cases 7 - 9 MUHAMMED IQBAL A., S/O. ALIYARUKUNJU, KALPAKA, PRAYAR NORTH, PRAYAR P.O., KARTHIKAPPALLY, PUTHUPALLY (PART), PRAYAR, ALAPPUZHA-690547. - 10 ABDUL RASAK M., S/O. MATHEEN KUNJU, CHIRAKKADAYIL, KADATHOOR, KULASEKHARAPURAM, KOLLAM, KERALA-690544. - 11 T.K. SALIM, S/O. THAHA KUNJU, KOTTAKKATTU, VAVVAKKAVU P.O., NEELIKULAM, OACHIRA, VAVVAKKAVU, KOLLAM-690528. - 12 H. ABDUL SALIM, S/O. HANEEFA, AIKKARA, KIZHAKKATHIL, KADATHOOR, KULASEKHARAPURAM, KULASEKHARAPURAM P.O., KOLLAM, KERALA-690544. BY ADVS. P.A.MOHAMMED SHAH RENOY VINCENT ASWIN KUMAR M J HELEN P.A. ARUN ROY SHAHIR SHOWKATH ALI ## **RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY FOR ROAD TRANSPORT AND HIGHWAYS, NEW DELHI-110001. - 2 STATE OF KERALA, REPRESENTED BY ADDITIONAL CHIEF SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. - 3 NATIONAL HIGHWAY AUTHORITY OF INDIA, G-586, SECTOR-10, DWARAKA, NEW DELHI-110075, REPRESENTED BY ITS CHAIRMAN. - 4 THE PROJECT DIRECTOR NATIONAL HIGHWAY AUTHORITY OF INDIA, VII/511 B, NAITHELI-MAVELIKKARA ROAD, MAVELIPURAM, KAKKANAD, KERALA-682030. WP(C) NO. 2465 OF 2022 & con.cases 8 5 SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY, LAND ACQUISITION, NATIONAL HIGHWAY AUTHORITY OF INDIA, COLLECTORATE, ALAPPUZHA-688001. 6 SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY, LAND ACQUISITION, NATIONAL HIGHWAY AUTHORITY OF INDIA, COLLECTORATE, KOLLAM-691013. BY ADV E.C.KURIAKOSE SMT.K.AMMINIKUTTY SR.G.P. SMT.MINI GOPINATH, CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.03.2022, ALONG WITH WP(C).2465/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 2465 OF 2022 & con.cases 9 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **FRIDAY, THE 11[TH] DAY OF MARCH 2022 / 20TH PHALGUNA, 1943** ## **WP(C) NO. 4110 OF 2022** ## **PETITIONERS:** - 1 BINU VARGHESE, AGED 41 YEARS S/O. VARGHESE, KALLOOTHARAYIL, PATHIYOOR WEST, KAREELAKULANGARA P.O., ALAPPUZHA-690572. - 2 M. MUBARAK AHAMMED, KARALIL MANZIL, KARUVATTUMKUZHY, KAREELAKULANGARA, PATHIYOOR, ALAPPUZHA-690572. - 3 HASEENA SAINUL ABDEEN, HASEENAS VILLA, KAROOR, AMBALAPUZHA P.O., ALAPPUZHA-688561. - 4 ABDUL HAKKIM A., SHEEBA MANZIL, KAROOR, AMBALAPUZHA P.O., ALAPPUZHA-688561. - 5 DR. SHYAMA S., DR. KUTTAN MEDICAL FOUNDATION HOMEO CLINIC, SREEVILASAM, CHEPPAD P.O., ALAPPUZHA-690507. - 6 MATHEW JACOB, APPETHU, CHEPPAD P.O., KARTHIKAPPALLY, ALAPPUZHA-690507. - 7 SUKUMARAN N., S.S. MANDIRAM, KARUVATTA P.O., ALAPPUZHA-690517. - 8 SHUMS A., SURYA MANZIL, POTHAPPALLY NORTH, KUMARAPURAM, ALAPPUZHA-690548. - 9 MURALEEDHARAN NAIR G., LAKSHMI BHAVANAM, THULAMPARAMBU NORTH, MANNARASALA P.O., ALAPPUZHA690514. - 10 PUSHPPAMMA, W/O. RAMACHANDRAN, PUSHPPANJALI, WP(C) NO. 2465 OF 2022 & con.cases 10 VALIYAKUZHI, MUTTOM P.O., ALAPPUZHA-690511. - 11 KRISHNANKUTTY, KRISHNABHAVANAM, KARUVATTUMKUZHI, KAREELAKULANGARA P.O., PATHIYOOR, ALAPPUZHA690572. - 12 SAROJINI AMMA P., SREEVILASAM, KARUVATTA P.O., KUMARAPURAM, ALAPPUZHA-690517. - 13 V.K. MATHEW, VANCHIYIL HOUSE, CHEPPAD P.O., ALAPPUZHA-690507. - 14 DR. NIYAS SAIT, THAYYI HOUSE, CHIRAKKADAVUM, KAYAMKULAM P.O., ALAPPUZHA-690502. - 15 CHERIYAN GEORGE, SHINEY VILLA, PATHIYOOR WEST, KAREELAKULANGARA P.O., ALAPPUZHA-690572. - 16 ISAHAKKU KUNJU, DARUL HUDHA, KALARI, PANMANA, CHAVARA P.O., KOLLAM-691583. - 17 THAHAKUTTY A., THAHA MANZIL, PAYIKUZHI, OACHIRA P.O., KARUNAGAPPALLY TALUK, KOLLAM-690526. - 18 DR. RIYAS AHAMMED, S/O. ABDUL SALAM, NAZREEN, KULANGARABHAGOM, CHAVARA, KOLLAM-691583. - 19 B. KRISHNA PILLAI, - THOPPIL, PAYIKUZHI, OCHIRA P.O., KOLLAM-690526. BY ADVS. P.A.MOHAMMED SHAH RENOY VINCENT ASWIN KUMAR M J HELEN P.A. ARUN ROY SHAHIR SHOWKATH ALI WP(C) NO. 2465 OF 2022 & con.cases 11 ## **RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, NEW DELHI-110001. - 2 STATE OF KERALA, REPRESENTED BY ADDITIONAL CHIEF SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. - 3 NATIONAL HIGHWAY AUTHORITY OF INDIA, G-586 SECTOR-10, DWARAKA, NEW DELHI-110075, REPRESENTED BY ITS CHAIRMAN. - 4 THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, TC 29/1539/1, RAJASREE KAIRALI, PERUMTHANNI, VALLAKKADAVU P.O., THIRUVANANTHAPURAM-695008. - 5 SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY, LAND ACQUISITION, NATIONAL HIGHWAT AUTHORITY OF INDIA, COLLECTORATE, ALAPPUZHA-688001. - 6 SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY, LAND ACQUISITION, NATIONAL HIGHWAY AUTHORITY OF INDIA, COLLECTORATE, KOLLAM-691013. BY ADVS. N.J.ASHWIN, CGC MATHEWS K.PHILIP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.03.2022, ALONG WITH WP(C).2465/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 2465 OF 2022 & con.cases 12 ## **JUDGMENT** **[WP(C) Nos.2465/2022, 2520/2022, 3286/2022, 4110/2022]** The issues involved in these cases are common. 2. In fact, at the Bar, it is virtually conceded that the controversy projected in these matters have already been touched upon and considered by this Court in **T.P.Soumini & others v. Union of India** [2022 (1) KHC 283]. 3. However, it is submitted by the learned Senior Government Pleader - Smt.K.Amminikutty and by the learned standing counsel for the NHAI - Sri.Mathews K.Philip and Sri.Bidan Chandran, that the attempt of the petitioners to intervene in the process of issuance of Award by the Competent Authority of Land Acquisition (CALA), appointed under the provisions of National Highways Act (NH Act), is not tenable and therefore, that this writ petition is not maintainable. The learned Senior Government Pleader added that the entitlement of the petitioners to the benefits under the Second Schedule to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short 'Fair Compensation Act') is within the purview of the WP(C) NO. 2465 OF 2022 & con.cases 13 CALA and that the same will be taken note of while the Awards are issued, either finding them eligible for compensation or otherwise. She concluded her submissions asserting that, therefore, these writ petitions are premature and that the CALA will take note of every relevant aspect, including the declarations in **Soumini** (supra), while the Awards are settled with respect to the claims of the petitioners. 4. The materials on record and the submissions made at the Bar would clearly indicate that Awards with respect to the claims of the petitioners have not yet been finally decided by the CALA. Of course, while doing so, the said Authority will be bound by the statutory ambit, as also by the declarations of this Court in **Soumini** (supra); but it will not be prudent or justified for this Court to dictate to it the manner in which he should do so. 5. Suffice to say, the said Authority must first decide whether the petitioners are entitled to any of the benefits under schedule 2 and 3 of Fair Compensation Act and then pass Awards in their favour; but if, on the contrary, it is to find otherwise, it must intimate them appropriately, so that they can thereafter take necessary recourse in law. WP(C) NO. 2465 OF 2022 & con.cases 14 6. Since the learned Senior Government Pleader submits that CALA will consider and advert to all relevant and germane aspects, including the declarations in **Soumini** (supra), I do not think that it will be necessary for this Court to issue any further directions in this judgment, except directing the said Authority to complete proceedings with respect to the Award/s without any avoidable delay. 7. Resultantly, recording the afore submissions of the learned Senior Government Pleader, I dispose of these writ petitions directing the CALA to hear the petitioners and consider all their claims, including under Schedules Two and Three of the “Fair Compensation Act”, thus culminating in an appropriate order and necessary action thereon as expeditiously as is possible. 8. Sri.Bidan Chandran, at this time intervened to say that, as has been settled by this Court in **Soumini** (supra), the CALA, while acting under the provisions of the “NH Act”, is not bound by dictations even from the Government of Kerala. He submitted that, in fact, the NHAI is in the process of settling an appropriate Rehabilitation Package for the guidance of the CALA and prayed that this may also be directed to be taken note WP(C) NO. 2465 OF 2022 & con.cases 15 of by the said Authority. It is needless to say that if the NHAI brings out any proposals with respect to the rehabilitation of persons like the petitioners and if any package of the Government of Kerala - which already has been issued - is applicable, these will also be adverted to and kept in mind by the CALA, while Awards are isued in terms of these directions. **Sd/- DEVAN RAMACHANDRAN** **JUDGE** **stu** WP(C) NO. 2465 OF 2022 & con.cases 16 ## **APPENDIX OF WP(C) 2520/2022** PETITIONER EXHIBITS - Exhibit P1 THE TRUE COPY OF THE LICENSE ISSUED TO THE 1ST PETITIONER BY NAVAIKULAM GRAMA PANCHAYATH DATED 21/12/2021. - Exhibit P2 THE TRUE COPY OF THE LICENSE ISSUED TO THE 2ND PETITIONER BY NAVAIKULAM GRAMA PANCHAYATH DATED 14/08/2020. - Exhibit P3 THE TRUE COPY OF THE LICENSE ISSUED TO THE 3RD PETITIONER BY OTTOOR GRAMA PANCHAYATH DATED 22/07/2021. - Exhibit P4 THE TRUE COPY OF THE LICENSE ISSUED TO THE 4TH PETITIONER BY KARAVARAM GRAMA PANCHAYATH DATED 28/11/2019. - Exhibit P5 THE TRUE COPY OF THE LICENSE ISSUED TO THE 5TH PETITIONER BY KARAVARAM GRAMA PANCHAYATH DATED 08/09/2021. - Exhibit P6 THE TRUE COPY OF THE LICENSE ISSUED TO THE 6TH PETITIONER BY OTTOOR GRAMA PANCHAYATH DATED 28/01/2021. - Exhibit P7 THE TRUE COPY OF THE LICENSE ISSUED TO THE 7TH PETITIONER BY OTTOOR GRAMA PANCHAYATH DATED 23/12/2021. - Exhibit P8 THE TRUE COPY OF THE LICENSE ISSUED TO THE 8TH PETITIONER BY KARAVARAM GRAMA PANCHAYATH DATED 28/10/2021. - Exhibit P9 THE TRUE COPY OF THE LICENSE ISSUED TO THE 9TH PETITIONER BY OTTOOR GRAMA PANCHAYATH DATED 30/06/2021. - Exhibit P10 THE TRUE COPY OF THE LICENSE ISSUED TO THE 10TH PETITIONER BY KARAVARAM GRAMA PANCHAYATH DATED 25/07/2020. 17 WP(C) NO. 2465 OF 2022 & con.cases Exhibit P11 THE TRUE COPY OF THE LICENSE ISSUED TO THE 11TH PETITIONER BY KARAVARAM GRAMA PANCHAYATH DATED 13/10/2021. - Exhibit P12 THE TRUE COPY OF THE LICENSE ISSUED TO THE 12TH PETITIONER BY NAVAIKULAM GRAMA PANCHAYATH DATED 10/01/2022. - Exhibit P13 THE TRUE COPY OF THE LICENSE ISSUED TO THE 13TH PETITIONER BY OTTOOR GRAMA PANCHAYATH DATED 29/11/2021. - Exhibit P14 THE TRUE COPY OF THE LICENSE ISSUED TO THE 14TH PETITIONER BY NAVAIKULAM GRAMA PANCHAYATH DATED 02/11/2021. - Exhibit P15 THE TRUE COPY OF THE LICENSE ISSUED TO THE 15TH PETITIONER BY NAVAIKULAM GRAMA PANCHAYATH DATED 08/10/2020. - Exhibit P16 THE TRUE COPY OF THE LICENSE ISSUED TO THE 16TH PETITIONER BY KARAVARAM GRAMA PANCHAYATH DATED 29/09/2021. - Exhibit P17 THE TRUE COPY OF THE LICENSE ISSUED TO THE 17TH PETITIONER BY OTTOOR GRAMA PANCHAYATH DATED 12/10/2021. - Exhibit P18 THE TRUE COPY OF THE LICENSE ISSUED TO THE 18TH PETITIONER BY OTTOOR GRAMA PANCHAYATH DATED 28/12/2021. - Exhibit P19 THE TRUE COPY OF THE LICENSE ISSUED TO THE 19TH PETITIONER BY OTTOOR GRAMA PANCHAYATH DATED 29/12/2021. - Exhibit P20 THE TRUE COPY OF THE LICENSE ISSUED TO THE 20TH PETITIONER BY NAVAIKULAM GRAMA PANCHAYATH DATED 31/05/2019. - Exhibit P21 THE TRUE COPY OF THE LICENSE ISSUED TO THE 21ST PETITIONER BY OTTOOR GRAMA PANCHAYATH WP(C) NO. 2465 OF 2022 & con.cases 18 DATED 27/07/2021. - Exhibit P22 THE TRUE COPY OF THE LICENSE ISSUED TO THE 21ST PETITIONER BY OTTOOR GRAMA PANCHAYATH DATED 27/07/2021. - Exhibit P23 THE TRUE COPY OF THE LICENSE ISSUED TO THE 22ND PETITIONER BY NAVAIKULAM GRAMA PANCHAYATH DATED 27/04/2021. - Exhibit P24 THE TRUE COPY OF THE LICENSE ISSUED TO THE 23RD PETITIONER BY NAVAIKULAM GRAMA PANCHAYATH DATED 31/01/2019. - Exhibit P25 THE TRUE COPY OF THE LICENSE ISSUED TO THE 23RD PETITIONER BY KARAVARAM GRAMA PANCHAYATH DATED 12/07/2021. - Exhibit P26 THE TRUE COPY OF THE LICENSE ISSUED TO THE 23RD PETITIONER BY NAVAIKULAM GRAMA PANCHAYATH DATED 27/04/2021. - Exhibit P27 THE TRUE COPY OF THE LICENSE ISSUED TO THE 23RD PETITIONER BY KARAVARAM GRAMA PANCHAYATH DATED 12/07/2021. - Exhibit P28 THE TRUE COPY OF THE NOTIFICATION NUMBERED AS SO 2841 (E) ISSUED BY THE 1ST RESPONDENT DATED 20/08/2020. - Exhibit P29 THE TRUE COPY OF THE ORDER UNDER SECTION 105(3) DATED 28/08/2015. Exhibit P30 THE TRUE COPY OF THE ORDER UNDER SECTION 113 DATED 28/08/2015. Exhibit P31 THE TRUE COPY OF THE GOVERNMENT ORDER NUMBERED AS GO(MS) NO.448/2017/RD ISSUED BY THE 2ND RESPONDENT DATED 29/12/2017. Exhibit P32 THE TRUE COPY OF THE JUDGMENT PASSED IN WP NO. 19310/2021 DATED 06/12/2021. WP(C) NO. 2465 OF 2022 & con.cases 19 Exhibit P33(A) THE TRUE COPY OF THE LETTER SUBMITTED BY THE 1ST PETITIONER BEFORE THE 5TH RESPONDENT DATED 17/01/2022. Exhibit P33(B) THE TRUE COPY OF THE LETTER SUBMITTED BY THE 2ND PETITIONER BEFORE THE 5TH RESPONDENT DATED 17/01/2022. Exhibit P33(C) THE TRUE COPY OF THE LETTER SUBMITTED BY THE 3RD PETITIONER BEFORE THE 5TH RESPONDENT DATED 17/01/2022. Exhibit P33(D) THE TRUE COPY OF THE LETTER SUBMITTED BY THE 4TH PETITIONER BEFORE THE 5TH RESPONDENT DATED 17/01/2022. Exhibit P33(E) THE TRUE COPY OF THE LETTER SUBMITTED BY THE 5TH PETITIONER BEFORE THE 5TH RESPONDENT DATED 17/01/2022. Exhibit P33(F) THE TRUE COPY OF THE LETTER SUBMITTED BY THE 6TH PETITIONER BEFORE THE 5TH RESPONDENT DATED 17/01/2022. Exhibit P33(G) THE TRUE COPY OF THE LETTER SUBMITTED BY THE 7TH PETITIONER BEFORE THE 5TH RESPONDENT DATED 17/01/2022. Exhibit P33(H) THE TRUE COPY OF THE LETTER SUBMITTED BY THE 8TH PETITIONER BEFORE THE 5TH RESPONDENT DATED 17/01/2022. Exhibit P33(I) THE TRUE COPY OF THE LETTER SUBMITTED BY THE 9TH PETITIONER BEFORE THE 5TH RESPONDENT DATED 17/01/2022. Exhibit P33(J) THE TRUE COPY OF THE LETTER SUBMITTED BY THE 10TH PETITIONER BEFORE THE 5TH RESPONDENT DATED 17/01/2022. Exhibit P33(K) THE TRUE COPY OF THE LETTER SUBMITTED BY THE 11TH PETITIONER BEFORE THE 5TH WP(C) NO. 2465 OF 2022 & con.cases 20 RESPONDENT DATED 17/01/2022. Exhibit P33(L) THE TRUE COPY OF THE LETTER SUBMITTED BY THE 12TH PETITIONER BEFORE THE 5TH RESPONDENT DATED 17/01/2022. Exhibit P33(M) THE TRUE COPY OF THE LETTER SUBMITTED BY THE 13TH PETITIONER BEFORE THE 5TH RESPONDENT DATED 17/01/2022. Exhibit P33(N) THE TRUE COPY OF THE LETTER SUBMITTED BY THE 14TH PETITIONER BEFORE THE 5TH RESPONDENT DATED 17/01/2022. Exhibit P33(O) THE TRUE COPY OF THE LETTER SUBMITTED BY THE 15TH PETITIONER BEFORE THE 5TH RESPONDENT DATED 17/01/2022. Exhibit P33(P) THE TRUE COPY OF THE LETTER SUBMITTED BY THE 16TH PETITIONER BEFORE THE 5TH RESPONDENT DATED 17/01/2022. Exhibit P33(Q) THE TRUE COPY OF THE LETTER SUBMITTED BY THE 17TH PETITIONER BEFORE THE 5TH RESPONDENT DATED 17/01/2022. Exhibit P33(R) THE TRUE COPY OF THE LETTER SUBMITTED BY THE 18TH PETITIONER BEFORE THE 5TH RESPONDENT DATED 17/01/2022. Exhibit P33(S) THE TRUE COPY OF THE LETTER SUBMITTED BY THE 19TH PETITIONER BEFORE THE 5TH RESPONDENT DATED 17/01/2022. Exhibit P33(T) THE TRUE COPY OF THE LETTER SUBMITTED BY THE 20TH PETITIONER BEFORE THE 5TH RESPONDENT DATED 17/01/2022. Exhibit P33(U) THE TRUE COPY OF THE LETTER SUBMITTED BY THE 21ST PETITIONER BEFORE THE 5TH RESPONDENT DATED 17/01/2022. Exhibit P33(V) THE TRUE COPY OF THE LETTER SUBMITTED BY WP(C) NO. 2465 OF 2022 & con.cases 21 THE 21ST PETITIONER BEFORE THE 5TH RESPONDENT DATED 17/01/2022. Exhibit P33(W) THE TRUE COPY OF THE LETTER SUBMITTED BY THE 22ND PETITIONER BEFORE THE 5TH RESPONDENT DATED 17/01/2022. Exhibit P33(X) THE TRUE COPY OF THE LETTER SUBMITTED BY THE 23RD PETITIONER BEFORE THE 5TH RESPONDENT DATED 17/01/2022. Exhibit P33(Y) THE TRUE COPY OF THE LETTER SUBMITTED BY THE 23RD PETITIONER BEFORE THE 5TH RESPONDENT DATED 17/01/2022. Exhibit P33(Z) THE TRUE COPY OF THE LETTER SUBMITTED BY THE 23RD PETITIONER BEFORE THE 5TH RESPONDENT DATED 17/01/2022. Exhibit THE TRUE COPY OF THE LETTER SUBMITTED BY P33(AA) THE 23RD PETITIONER BEFORE THE 5TH RESPONDENT DATED 17/01/2022. WP(C) NO. 2465 OF 2022 & con.cases 22 ## **APPENDIX OF WP(C) 3286/2022** PETITIONER EXHIBITS - Exhibit P1 THE TRUE COPY OF THE LICENSE ISSUED TO THE 1ST PETITIONER BY OACHIRA GRAMA PANCHAYATH DATED 13/01/2021. (RELEVANT PAGE) - Exhibit P2 THE TRUE COPY OF THE LICENSE ISSUED TO THE 2ND PETITIONER BY OACHIRA GRAMA PANCHAYATH DATED 13/01/2021. - Exhibit P3 THE TRUE COPY OF THE LICENSE ISSUED TO THE 3RD PETITIONER BY KRISHNAPURAM GRAMA PANCHAYATH DATED 04/08/2021. - Exhibit P4 THE TRUE COPY OF THE LICENSE ISSUED TO THE 4TH PETITIONER BY KRISHNAPURAM GRAMA PANCHAYATH DATED 27/04/2021. - Exhibit P5 THE TRUE COPY OF THE LICENSE ISSUED TO THE 5TH PETITIONER BY OACHIRA GRAMA PANCHAYATH DATED 09/08/2021. - Exhibit P6 THE TRUE COPY OF THE LICENSE ISSUED TO THE 6TH PETITIONER BY OACHIRA GRAMA PANCHAYATH DATED 30/09/2021. - Exhibit P7 THE TRUE COPY OF THE LICENSE ISSUED TO THE 7TH PETITIONER BY OACHIRA GRAMA PANCHAYATH DATED 25/11/2021. - Exhibit P8 THE TRUE COPY OF THE LICENSE ISSUED TO THE 8TH PETITIONER BY KULASEKHARAPURAM GRAMA PANCHAYATH DATED 27/04/2021. - Exhibit P9 THE TRUE COPY OF THE LICENSE ISSUED TO THE 9TH PETITIONER BY KULASHEKARAPURAM GRAMA PANCHAYATH DATED 09/09/2021. - Exhibit P10 THE TRUE COPY OF THE LICENSE ISSUED TO THE 10TH PETITIONER BY OACHIRA GRAMA PANCHAYATH WP(C) NO. 2465 OF 2022 & con.cases 23 DATED 30/07/2021. - Exhibit P11 THE TRUE COPY OF THE LICENSE ISSUED TO THE 11TH PETITIONER BY KULASHEKARAPURAM GRAMA PANCHAYATH DATED 16/12/2021. - Exhibit P12 THE TRUE COPY OF THE LICENSE ISSUED TO THE 12TH PETITIONER BY OACHIRA GRAMA PANCHAYATH DATED 25/01/2016. - Exhibit P13 THE TRUE COPY OF THE NOTIFICATION NUMBERED AS SO 1804(E) ISSUED BY THE 1ST RESPONDENT DATED 09/06/2020. - Exhibit P14 THE TRUE COPY OF THE NOTIFICATION NUMBERED AS SO 817(E) ISSUED BY THE 1ST RESPONDENT DATED 12/02/2019. - Exhibit P15 THE TRUE COPY OF THE NOTIFICATION NUMBERED AS SO 4348(E) ISSUED BY THE 1ST RESPONDENT DATED 03/12/2020. - Exhibit P16 THE TRUE COPY OF THE ORDER UNDER SECTION 105(3) DATED 28/08/2015. - Exhibit P17 THE TRUE COPY OF THE ORDER UNDER SECTION 113 DATED 28/08/2015. - Exhibit P18 THE TRUE COPY OF THE GOVERNMENT ORDER NUMBERED AS GO(MS) NO.448/2017/RD ISSUED BY THE 2ND RESPONDENT DATED 29/12/2017. - Exhibit P19 THE TRUE COPY OF THE JUDGMENT PASSED IN WPC 19310/2021 DATED 06/12/2021. - Exhibit P20 THE TRUE COPY OF THE LETTER SUBMITTED BY THE 1ST PETITIONER BEFORE THE 5TH RESPONDENT DATED 28/01/2022. - Exhibit P21 THE TRUE COPY OF THE LETTER SUBMITTED BY THE 2ND PETITIONER BEFORE THE 5TH RESPONDENT DATED 28/01/2022. WP(C) NO. 2465 OF 2022 & con.cases 24 Exhibit P22 THE TRUE COPY OF THE LETTER SUBMITTED BY THE 3RD PETITIONER BEFORE THE 5TH RESPONDENT DATED 28/01/2022. - Exhibit P23 THE TRUE COPY OF THE LETTER SUBMITTED BY THE 4TH PETITIONER BEFORE THE 5TH RESPONDENT DATED 28/01/2022. - Exhibit P24 THE TRUE COPY OF THE LETTER SUBMITTED BY THE 5TH PETITIONER BEFORE THE 5TH RESPONDENT. - Exhibit P25 THE TRUE COPY OF THE LETTER SUBMITTED BY THE 6TH PETITIONER BEFORE THE 5TH RESPONDENT DATED 28/01/2022. - Exhibit P26 THE TRUE COPY OF THE LETTER SUBMITTED BY THE 7TH PETITIONER BEFORE THE 5TH RESPONDENT DATED 27/01/2022. - Exhibit P27 THE TRUE COPY OF THE LETTER SUBMITTED BY THE 8TH PETITIONER BEFORE THE 5TH RESPONDENT DATED 28/01/2022. - Exhibit P28 THE TRUE COPY OF THE LETTER SUBMITTED BY THE 9TH PETITIONER BEFORE THE 5TH RESPONDENT DATED 28/01/2022. - Exhibit P29 THE TRUE COPY OF THE LETTER SUBMITTED BY THE 10TH PETITIONER BEFORE THE 5TH RESPONDENT DATED 28/01/2022. - Exhibit P30 THE TRUE COPY OF THE LETTER SUBMITTED BY THE 11TH PETITIONER BEFORE THE 5TH RESPONDENT DATED 28/01/2022. - Exhibit P31 THE TRUE COPY OF THE LETTER SUBMITTED BY THE 12TH PETITIONER BEFORE THE 5TH RESPONDENT DATED 28/01/2022. WP(C) NO. 2465 OF 2022 & con.cases 25 ## **APPENDIX OF WP(C) 4110/2022** PETITIONER EXHIBITS - Exhibit P1 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED TO THE 1ST PETITIONER DATED 03/05/2021. - Exhibit P2 THE TRUE COPY OF THE LICENSE ISSUED TO THE 1ST PETITIONER BY PATHIYOOR GRAMA PANCHAYATH DATED 17/07/2020. - Exhibit P3 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED TO THE 2ND PETITIONER DATED 07/12/2021. - Exhibit P4 THE TRUE COPY OF THE LICENSE ISSUED TO THE 2ND PETITIONER BY PATHIYOOR GRAMA PANCHAYATH DATED 01/04/2021. - Exhibit P5 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED TO THE 3RD PETITIONER DATED 24/06/2021. - Exhibit P6 THE TRUE COPY OF THE LICENSE ISSUED TO THE 3RD PETITIONER BY PURAKKADU GRAMA PANCHAYATH DATED 25/11/2021. - Exhibit P7 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED TO THE 4TH PETITIONER DATED 22/06/2021. - Exhibit P8 THE TRUE COPY OF THE LICENSE ISSUED TO THE 4TH PETITIONER BY PURAKKADU GRAMA PANCHAYATH DATED 03/11/2021. - Exhibit P9 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED TO THE 5TH PETITIONER DATED 17/04/2021. - Exhibit P10 THE TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED TO THE 5TH PETITIONER BY CHEPPADU GRAMA PANCHAYATH DATED 22/01/2022. - Exhibit P11 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED TO THE 6TH PETITIONER DATED 13/09/2021. WP(C) NO. 2465 OF 2022 & con.cases 26 Exhibit P12 THE TRUE COPY OF THE LICENSE ISSUED TO THE 6TH PETITIONER BY CHINGOLI GRAMA PANCHAYATH DATED 01/04/2021. Exhibit P12(A) THE TRUE COPY OF THE LICENSE ISSUED TO THE 6TH PETITIONER BY CHINGOLI GRAMA PANCHAYATH DATED 22/04/2021. Exhibit P13 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED TO THE 7TH PETITIONER DATED 28/06/2021. - Exhibit P13(A) THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED TO THE 7TH PETITIONER DATED 25/09/2021. Exhibit P14 THE TRUE COPY OF THE LICENSE ISSUED TO THE 7TH PETITIONER BY HARIPAD MUNICIPALITY DATED 28/06/2021. Exhibit P14(A) THE TRUE COPY OF THE LICENSE ISSUED TO THE 7TH PETITIONER BY HARIPAD MUNICIPALITY DATED 28/06/2021. - Exhibit P15 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED TO THE 8TH PETITIONER DATED 09/07/2021. - Exhibit P16 THE TRUE COPY OF THE LICENSE ISSUED TO THE 8TH PETITIONER BY HARIPAD MUNICIPALITY DATED 10/09/2021. - Exhibit P17 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED TO THE 9TH PETITIONER DATED 02/08/2021. - Exhibit P18 THE TRUE COPY OF THE LICENSE ISSUED TO THE 9TH PETITIONER BY THE HARIPAD MUNICIPALITY DATED 28/05/2021. Exhibit P19 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED TO THE 10TH PETITIONER DATED 19/10/2020. Exhibit P20 THE TRUE COPY OF THE LICENSE ISSUED TO THE HUSBAND OF 10TH PETITIONER BY HARIPAD MUNICIPALITY DATED 05/06/2021. 27 WP(C) NO. 2465 OF 2022 & con.cases - Exhibit P21 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED TO THE 11TH PETITIONER DATED 07/05/2021. - Exhibit P22 THE TRUE COPY OF THE LICENSE ISSUED TO THE 11TH PETITIONER BY PATHIYOOR GRAMA PANHAYATH DATED 13/07/2021. - Exhibit P23 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED TO THE 12TH PETITIONER DATED 19/11/2021. - Exhibit P23(A) THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED TO THE 12TH PETITIONER DATED 19/11/2021. - Exhibit P24 THE TRUE COPY OF THE LICENSE ISSUED TO THE 12TH PETITIONER BY KARUVATTA GRAMA PANCHAYATH DATED 29/06/2021. - Exhibit P25 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED TO THE 13TH PETITIONER DATED 16/04/2021. - Exhibit P26 THE TRUE COPY OF THE LICENSE ISSUED TO THE 13TH PETITIONER BY CHEPPADU GRAMA PANCHAYATH DATED 22/07/2021. - Exhibit P27 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED TO THE FATHER OF 14TH PETITIONER DATED 07/05/2021. - Exhibit P28 THE TRUE COPY OF THE LICENSE ISSUED TO THE 14TH PETITIONER BY KAYAMKULAM MUNICIPALITY DATED 22/11/2005. - Exhibit P29 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED TO THE 15TH PETITIONER DATED 03/05/2021. Exhibit P30 THE TRUE COPY OF THE LICENSE ISSUED TO THE 15TH PETITIONER BY PATHIYOOR GRAMA PANCHAYATH DATED 01/04/2021. Exhibit P31 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED TO THE 16TH PETITIONER DATED 18/10/2021. Exhibit P32 THE TRUE COPY OF THE LICENSE ISSUED TO THE WP(C) NO. 2465 OF 2022 & con.cases 28 16TH PETITIONER BY CHAVARA GRAMA PANCHAYATH DATED 09/09/2021. Exhibit P33 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED TO THE 17TH PETITIONER DATED 05/10/2021. Exhibit P34 THE TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED TO THE 17TH PETITIONER BY OACHIRA GRAMA PANCHAYATH DATED 20/01/2022 IN RESPECT TO THE BUILDING NO. 436 WARD 17. Exhibit P34(A) THE TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED TO THE 17TH PETITIONER BY OACHIRA GRAMA PANCHAYATH DATED 20/01/2022 IN RESPECT TO THE BUILDING NO. 437 WARD 17. Exhibit P34(B) THE TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED TO THE 17TH PETITIONER BY OACHIRA GRAMA PANCHAYATH DATED 20/01/2022 IN RESPECT TO THE BUILDING NO.438 WARD 17. Exhibit P34(C) THE TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED TO THE 17TH PETITIONER BY OACHIRA GRAMA PANCHAYATH DATED 20/01/2022 IN RESPECT TO THE BUILDING NO.440 WARD 17. Exhibit P34(D) THE TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED TO THE 17TH PETITIONER BY OACHIRA GRAMA PANCHAYATH DATED 20/01/2022 IN RESPECT TO THE BUILDING NO.441 WARD 17. Exhibit P34(E) THE TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED TO THE 17TH PETITIONER BY OACHIRA GRAMA PANCHAYATH DATED 20/01/2022 IN RESPECT TO THE BUILDING NO.442 WARD 17. Exhibit P35 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED TO THE 18TH PETITIONER DATED 16/11/2021. Exhibit P36 THE TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED TO THE 18TH PETITIONER BY CHAVARA GRAMA PANCHAYATH DATED 16/11/2021. WP(C) NO. 2465 OF 2022 & con.cases 29 Exhibit P37 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED TO THE 19TH PETITIONER DATED 10/02/2021 FOR AMOUNT RS.24/-. Exhibit P37(A) THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED TO THE 19TH PETITIONER DATED 10/02/2021 FOR AMOUNT RS.26/-. Exhibit P38 THE TRUE COPY OF THE LICENSE ISSUED TO THE 19TH PETITIONER BY OACHIRA GRAMA PANCHAYATH DATED 22/12/2021. Exhibit P39 THE TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFICATION ISSUED BY THE 1ST RESPONDENT UNDER SECTION 3D OF THE NATIONAL HIGHWAYS ACT, 1956 ACQUIRING THE PROPERTIES OF THE PETITIONERS NUMBERED AS S.O. 817 (E) DATED 12/02/2019. Exhibit P39(A) THE TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFICATION ISSUED BY THE 1ST RESPONDENT UNDER SECTION 3D OF THE NATIONAL HIGHWAYS ACT, 1956 ACQUIRING THE PROPERTIES OF THE PETITIONERS NUMBERED AS S.O. 796 (E) DATED 11/02/2019. Exhibit P39(B) THE TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFICATION ISSUED BY THE 1ST RESPONDENT UNDER SECTION 3D OF THE NATIONAL HIGHWAYS ACT, 1956 ACQUIRING THE PROPERTIES OF THE PETITIONERS NUMBERED AS S.O. 4822 (E) DATED 31/12/2020. Exhibit P39(C) THE TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFICATION ISSUED BY THE 1ST RESPONDENT UNDER SECTION 3D OF THE NATIONAL HIGHWAYS ACT, 1956 ACQUIRING THE PROPERTIES OF THE PETITIONERS NUMBERED AS S.O. 4348 (E) DATED 03/12/2020. Exhibit P39(D) THE TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFICATION ISSUED BY THE 1ST RESPONDENT UNDER SECTION 3D OF THE NATIONAL HIGHWAYS ACT, 1956 ACQUIRING THE PROPERTIES OF THE WP(C) NO. 2465 OF 2022 & con.cases 30 PETITIONERS NUMBERED AS S.O. 1804 (E) DATED 09/06/2020. - Exhibit P39(E) THE TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFICATION ISSUED BY THE 1ST RESPONDENT UNDER SECTION 3D OF THE NATIONAL HIGHWAYS ACT, 1956 ACQUIRING THE PROPERTIES OF THE PETITIONERS NUMBERED AS S.O. 676 (E) DATED 04/02/2019. Exhibit P40 THE TRUE COPY OF THE ORDER UNDER SECTION 105(3) DATED 28/08/2015. Exhibit P41 THE TRUE COPY OF THE ORDER UNDER SECTION 113 DATED 28/08/2015. - Exhibit P42 TRUE COPY OF THE GOVERNMENT ORDER NUMBERED AS GO(MS) NO.448/2017/RD ISSUED BY THE 2ND RESPONDENT DATED 29/12/2017. Exhibit P43 THE TRUE COPY OF THE JUDGMENT PASSED IN WRIT PETITION 19310/2021 DATED 06/12/2021. - Exhibit P44(A) THE TRUE COPY OF THE LETTER SUBMITTED BY THE 1ST PETITIONER BEFORE THE 5TH RESPONDENT DATED NIL. - Exhibit P44(B) THE TRUE COPY OF THE LETTER SUBMITTED BY THE 2ND PETITIONER BEFORE THE 5TH RESPONDENT DATED 25/01/2022. - Exhibit P44(C) THE TRUE COPY OF THE LETTER SUBMITTED BY THE 3RD PETITIONER BEFORE THE 5TH RESPONDENT DATED 29/01/2022. - Exhibit P44(D) THE TRUE COPY OF THE LETTER SUBMITTED BY THE 4TH PETITIONER BEFORE THE 5TH RESPONDENT DATED 29/01/2022. - Exhibit P44(E) THE TRUE COPY OF THE LETTER SUBMITTED BY THE 5TH PETITIONER BEFORE THE 5TH RESPONDENT DATED 25/01/2022. WP(C) NO. 2465 OF 2022 & con.cases 31 Exhibit P44(F) THE TRUE COPY OF THE LETTER SUBMITTED BY THE 6TH PETITIONER BEFORE THE 5TH RESPONDENT DATED 28/01/2022. - Exhibit P44(G) THE TRUE COPY OF THE LETTER SUBMITTED BY THE 7TH PETITIONER BEFORE THE 5TH RESPONDENT DATED 28/01/2022. Exhibit P44(H) THE TRUE COPY OF THE LETTER SUBMITTED BY THE 8TH PETITIONER BEFORE THE 5TH RESPONDENT DATED 28/01/2022. Exhibit P44(I) THE TRUE COPY OF THE LETTER SUBMITTED BY THE 9TH PETITIONER BEFORE THE 5TH RESPONDENT DATED 25/01/2022. - Exhibit P44(J) THE TRUE COPY OF THE LETTER SUBMITTED BY THE HUSBAND OF THE 10TH PETITIONER BEFORE THE 5TH RESPONDENT DATED 01/02/2022. - Exhibit P44(K) THE TRUE COPY OF THE LETTER SUBMITTED BY THE 11TH PETITIONER BEFORE THE 5TH RESPONDENT. - Exhibit P44(L) THE TRUE COPY OF THE LETTER SUBMITTED BY THE 12TH PETITIONER BEFORE THE 5TH RESPONDENT DATED 31/01/2022. Exhibit P44(M) THE TRUE COPY OF THE LETTER SUBMITTED BY THE 13TH PETITIONER BEFORE THE 5TH RESPONDENT DATED 28/01/2022. - Exhibit P44(N) THE TRUE COPY OF THE LETTER SUBMITTED BY THE 14TH PETITIONER BEFORE THE 5TH RESPONDENT DATED 25/01/2022. - Exhibit P44(O) THE TRUE COPY OF THE LETTER SUBMITTED BY THE 15TH PETITIONER BEFORE THE 5TH RESPONDENT. Exhibit P44(P) THE TRUE COPY OF THE LETTER SUBMITTED BY THE 16TH PETITIONER BEFORE THE 6TH RESPONDENT DATED 01/02/2022. Exhibit P44(Q) THE TRUE COPY OF THE LETTER SUBMITTED BY THE WP(C) NO. 2465 OF 2022 & con.cases 32 17TH PETITIONER BEFORE THE 6TH RESPONDENT DATED 03/01/2022. Exhibit P44(R) THE TRUE COPY OF THE LETTER SUBMITTED BY THE 18TH PETITIONER BEFORE THE 6TH RESPONDENT DATED 29/01/2022. Exhibit P44(S) THE TRUE COPY OF THE LETTER SUBMITTED BY THE 19TH PETITIONER BEFORE THE 6TH RESPONDENT DATED 25/01/2022. WP(C) NO. 2465 OF 2022 & con.cases 33 ## **APPENDIX OF WP(C) 2465/2022** PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE LICENSE ISSUED TO THE 2ND PETITIONER BY ORUMANAYUR GRAMA PANCHAYATH DATED 24.11.2021. - Exhibit P2 THE TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFICATION NUMBERED AS SO 1756(E) ISSUED BY THE 1ST RESPONDENT DATED 04.06.2020. Exhibit P3 THE TRUE COPY OF THE ORDER UNDER SECTION 105(3) DATED 28.08.2015. Exhibit P4 THE TRUE COPY OF THE ORDER UNDER SECTION 113 DATED 28.08.2015. Exhibit P5 THE TRUE COPY OF THE GOVERNMENT ORDER NUMBERED AS GO(MS) NO.448/2017/RD ISSUED BY THE 2ND RESPONDENT DATED 29.12.2017. - Exhibit P6 THE TRUE COPY OF THE JUDGMENT PASSED IN WRIT PETITION NO.19310/2021 DATED 06.12.2021. Exhibit P7 THE TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONERS BEFORE THE 5TH RESPONDENT DATED 13.01.2022.