K.B. Abbas Abbas and others v. Union of India and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **THURSDAY, THE 27TH DAY OF JUNE 2019 / 6TH ASHADHA, 1941** ## **WP(C).No.31165 of 2018** ## **PETITIONER/S:** - **1 K.B. ABBAS AGED 62 YEARS,S/O K.C. BEERAN, KARUPPAMVEETTIL HOUSE, KARAYAMUTTAM P.O., VALAPPAD, TRICHUR DISTRICT.** - **2 K.B.ABDUL KARIM, AGED 64 YEARS,S/O K.C.BEERAN,KARUPPAMVEETTIL HOUSE,KARAYAMUTTAM P.O.VALAPPAD,TRICHUR DISTRICT** - **3 K.V.MUHAMMED, S/O VEERAN,AGED 68 YEARS,KARUPPAMVEETTIL HOUSE,KARAYAMUTTAM P.O.VALAPPAD,TRICHUR DISTRICT** - **4 K.K.NASEER, AGED 55 YEARS,S/O KUNJEEN,KARUPPAMVEETTIL HOUSE,KARAYAMUTTAM P.O.VALAPPAD,TRICHUR DISTRICT** - **5 K.B.BADARUDHEEN, AGED 55 YEARS,S/O BEERAN,KARUPPAMVEETTIL HOUSE,KARAYAMUTTAM P.O.VALAPPAD,TRICHUR DISTRICT** - **6 SOUDA ABOOBACKER, AGED 50 YEARS,W/O ABOOBACKER,THERUVATH HOUSE, KARAYAMUTTAM P.O.VALAPPAD,TRICHUR DISTRICT** - **7 K.B.ABDUL LATHEEF S/O BAVA,KARUPPAMVEETTIL,KARAYAMUTTAM,VALAPPAD P.O.THRISSUR DISTRICT.** **8 SUGATHAN, AGED 70 YEARS,S/O KUMARAN,KARUVATTIL HOUSE, VALAPPAD P.O.THRISSUR DISTRICT** - **9 ASHRAF,** **AGED 53 YEARS,S/O KOCHU,VALIYAKATT HOUSE (MINNATH) CHOOLOOR POST VALAPPAD.** **BY ADVS. SRI.T.H.ABDUL AZEEZ K.N.MUHAMMED THANVEER K.P.MAJEED** **WP(C).No.31165 of 2018 & Con.cases** -2- ## **RESPONDENT/S:** |**1**|**UNION OF INDIA**| |---|---| ||**REPRESENTED BY SECRETARY, MINISTRY OF ROAD**| ||**TRANSPORT AND HIGHWAYS, GOVERNMENT OF INDIA, NEW**| ||**DWLHI - 110 001.**| |**2**|**PROJECT DIRECTOR,**| ||**NATIONAL HIGHWAY AUTHORITY OF INDIA,NEW DELHI**| ||**110001**| |**3**|**SPECIAL DEPUTY COLLECTOR (LA AND COMPETENT**| ||**AUTHORITY),**| ||**OFFICE OF N H 17,KUTTIPPURAM EDAPPALLY,KODUNGALLOOR**| ||**P.O THRISSUR DISTRICT 688002**| **BY ADVS. SMT.I.SHEELA DEVI,SC, NHAI SHRI.PRADEEP BABU P.D. SMT.SOWMIAVATHY T.C., CGC** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.06.2019, ALONG WITH WP(C).31265/2018, WP(C).34040/2018, WP(C).37253/2018, WP(C).39154/2018, WP(C).40503/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.31165 of 2018 & Con.cases** -3- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **THURSDAY, THE 27TH DAY OF JUNE 2019 / 6TH ASHADHA, 1941** **WP(C).No.31265 of 2018** ## **PETITIONER:** **ABDUL LATHEEF HAJI ISMAIL SAIT TRUST REPRESENTED BY ITS MANAGING TRUSTEE, MUHAMMEDALI ISMAIL SAIT @ RAJU, AGED 73 YEARS, S/O MAIMON ISMAIL MUHAMMED KASSIM SAIT, CHETTUVA, THRISSUR DISTRICT, NOW RESIDING AT DOOR NO. 6A, PRABHA APARTMENT, VYLOPPILLY LANE, AZAD ROAD, KALOOR, KOCHI 17** **BY ADVS. SRI.T.H.ABDUL AZEEZ SRI.P.K.MEETHIYAN KUNJU SRI.T.A.MOHAMMED SANOOJ** ## **RESPONDENT/S:** |**1**|**UNION OF INDIA**| |---|---| ||**REPRESENTED BY SECRETARY,**| ||**MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,**| ||**GOVERNMENT OF INDIA,**| ||**NEW DELHI 110 001**| |**2**|**PROJECT DIRECTOR**| ||**NATIONAL HIGHWAY AUTHORITY OF INDIA,NEW DELHI**| ||**110001.**| ||**(CORRECTED) (PROJECT DIRECTOR, NATIONAL HIGHWAY**| ||**AUTHORITY OF INDIA, MAVELIPURAM, KAKKANAD,**| ||**ERNAKULAM. NAME AND ADDRESS OF R2 IS CORRECTED AS**| ||**PER ORDER DATED 25/02/2019)**| **WP(C).No.31165 of 2018 & Con.cases** -4- **3 SPECIAL DEPUTY COLLECTOR(LA) AND COMPETENT AUTHORITY) OFFICE OF N H 17,KUTTIPURAM EDAPPALLY,KODUNGALLOOR P.O.THRISSUR DISTRICT-688002** **BY ADVS. SMT.M.S.KIRAN SMT.I.SHEELA DEVI,SC,NHAI SHRI.PRADEEP BABU P.D.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.06.2019, ALONG WITH WP(C).40503/2018, WP(C).37253/2018, WP(C).39154/2018, WP(C).34040/2018, WP(C).31165/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.31165 of 2018 & Con.cases** -5- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **THURSDAY, THE 27TH DAY OF JUNE 2019 / 6TH ASHADHA, 1941** ## **WP(C).No.34040 of 2018** ## **PETITIONER:** **ST.THOMAS SHRINE (FORMER ST.THOMAS CHURCH, DIOCESE OF KOTTAPPURAM), KODUNGALLUR, REPRESENTED BY ITS RECTOR, FR.SEBASTIAN PALLICKAL,AGED 44 YEARS, S/O LATE VINCENT, PALLICKAVEETTIL, NOW RESIDING AT ST.THOMAS SHRINE, LOKAMALESWARAM VILLAGE, P.O.KODUNGALLUR.** ## **BY ADV. SRI.T.H.ABDUL AZEEZ** ## **RESPONDENT/S:** |**1**|**UNION OF INDIA**| |---|---| ||**REPRESENTED BY SECRETARY, MINISTRY OF ROAD**| ||**TRANSPORT AND HIGHWAYS, GOVERNMENT OF INDIA, NEW**| ||**DELHI-110001**| |**2**|**PROJECT DIRECTOR,**| ||**NATIONAL HIGHWAY AUTHORITY OF INDIA,**| ||**NEW DELHI 110 001**| |**3**|**SPECIAL DEPUTY COLLECTOR (LA AND COMPETENT**| ||**AUTHORITY),**| ||**OFFICE OF N.H 17, KUTTIPPURAM EDAPPALLY,**| ||**KODUNGALLOOR P.O, THRISSUR DISTRICT 680 664.**| ||**BY ADVS.**| ||**SRI.M.A.VINOD, CGC**| ||**SMT.I.SHEELA DEVI,SC,NHAI**| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.06.2019, ALONG WITH WP(C).40503/2018, WP(C).37253/2018, WP(C).39154/2018, WP(C).31265/2018, WP(C).31165/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.31165 of 2018 & Con.cases** -6- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **THURSDAY, THE 27TH DAY OF JUNE 2019 / 6TH ASHADHA, 1941** **WP(C).No.37253 of 2018** ## **PETITIONER:** **KIRAN ASHOK P.A. AGED 38 YEARS S/O ASHOKAN P.A., POLAKULATH HOUSE, KODUNGALLUR, THRISSUR DISTRICT 680 664** **BY ADV. SRI.RAJIT** ## **RESPONDENT/S:** |**1**|**UNION OF INDIA**| |---|---| ||**REPRESENTED BY SECRETARY, MINISTRY OF ROAD**| ||**TRANSPORT AND HIGHWAYS, GOVERNMENT OF INDIA, NEW**| ||**DELHI- 110001**| |**2**|**PROJECT DIRECTOR**| ||**NATIONAL HIGHWAY AUTHORITY OF INDIA,**| ||**NEW DELHI-110001**| |**3**|**SPECIAL DEPUTY COLLECTOR**| ||**(LA) AND COMPETENT AUTHORITY,OFFICE OF NH-**| ||**17(KUTTIPURAM-EDAPPALLY),KODUNGALLUR.P.O,THRISSUR**| ||**DISTRICT.**| ||**BY ADV. SMT.I.SHEELA DEVI,SC,NHAI**| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.06.2019, ALONG WITH WP(C).40503/2018, WP(C).39154/2018, WP(C).34040/2018, WP(C).31265/2018, WP(C).31165/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.31165 of 2018 & Con.cases** -7- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 27TH DAY OF JUNE 2019 / 6TH ASHADHA, 1941** ## **WP(C).No.39154 of 2018** ## **PETITIONER/S:** |**1**|**P.N ANIL**| |---|---| ||**AGED 53 YEARS**| ||**S/O. NARAYANAN (LATE), POLAKULATH HOUSE,**| ||**LOKAMALESWARAM, KODUNGALLUR P.O. - 680 664.**| |**2**|**P.R. JYOTHIS,**| ||**AGED 71 YEARS**| ||**S/O. RAMAN (LATE), POLAKULATH HOUSE,**| ||**LOKAMALESWARAM, KODUNGALLUR P.O. - 680 664.**| |**3**|**K.K. VISWAMBHARAN,**| ||**AGED 71 YEARS**| ||**S/O. KORUKUTTY (LATE), KOVILPARAMBIL HOUSE,**| ||**LOKAMALESWARAM, KODUNGALLUR P.O. - 680 664.**| |**4**|**DR. SOMAPALAN C.S.**| ||**AGED 76 YEARS**| ||**S/O. SANKARAN (LATE), CHALIYATH HOUSE,**| ||**LOKAMALESWARAM, KODUNGALLUR P.O. - 680 664.**| ||**BY ADVS.**| ||**SRI.M.RAMESH CHANDER (SR.)**| ||**SMT.K.A.SANJEETHA**| ||**SRI.BALU TOM**| ## **RESPONDENT/S:** |**1**|**UNION OF INDIA**| |---|---| ||**REPRESENTED BY ITS SECRETARY, MINISTRY OF**| ||**TRANSPORT, NEW DELHI - 110 001.**| **WP(C).No.31165 of 2018 & Con.cases** -8- - **2 THE DISTRICT COLLECTOR, THRISSUR - 680 003.** - **3 THE SPECIAL DEPUTY TAHSILDAR (LA), N.H. 17, KODUNGALLOOR - 680 664.** - **4 KODUNGALLUR MUNICIPALITY, REPRESENTED BY ITS SECRETARY, THRISSUR DISTRICT - 680 664.** - **5 DEPUTY COLLECTOR, COMPETENT AUTHORITY (LA), N.H.66, KODUNGALLOOR - 680 664.** - **6 NATIONAL HIGHWAY AUTHORITY OF INDIA, REP BY ITS CHAIRMAN, DWARAKA, NEW DELHI - 110 075.** - **7 PROJECT MANAGER, NATIONAL HIGHWAY AUTHORITY OF INDIA, KOCHI - 682 024.** - **8 PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, KOCHI - 682 024.(DELETED) (R8 DELETED FROM THE RESPONDENT ARRAY AS PER ORDER DATED 03.12.2018.)** **BY ADVS. SMT.I.SHEELA DEVI,SC,NHAI SMT.SREEKALA K.L., CGC** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.06.2019, ALONG WITH WP(C).40503/2018, WP(C).37253/2018, WP(C).34040/2018, WP(C).31265/2018, WP(C).31165/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.31165 of 2018 & Con.cases** -9- **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **THURSDAY, THE 27TH DAY OF JUNE 2019 / 6TH ASHADHA, 1941** ## **WP(C).No.40503 of 2018** ## **PETITIONER/S:** |**1**|**MOHAMMED SHERIF**| |---|---| ||**AGED 60 YEARS**| ||**S/O.KATTAKATH KUNJALAN, KATTAKATH HOUSE,**| ||**KODUNGALLUR WEST NADA P.O.,**| ||**THRISSUR DISTRICT, PIN-680 664.**| |**2**|**ALTHAF P.M.,**| ||**REPRESENTED BY HIS POWER OF ATTORNEY HOLDER SULEKHA**| ||**MAJEED, AGED 53, MOTHER OF ALTHAF.P.M., PARAYIL**| ||**HOUSE, P.VEMBALLOOR P.O., KODUNGALLUR, THRISUSR**| ||**DISTRICT, PIN-680 671.**| ||**BY ADVS.**| ||**SRI.C.A.JOJO**| ||**SRI.JACOB CHACKO**| ||**SRI.MATHEWS JOSEPH**| ## **RESPONDENT/S:** |**1**|**UNION OF INDIA,**| |---|---| ||**REPRESENTED BY THE SECRETARY TO MINISTRY OF ROAD**| ||**TRANSPORT AND HIGHWAYS, NEW DELHI-110 001.**| |**2**|**THE DISTRICT COLLECTOR, THRISSUR DISTRICT,**| ||**AYYANTHOLE, PIN-680 001.**| |**3**|**THE SPECIAL DEPUTY COLLECTOR(LA),**| ||**NH 17, KODUNGALLUR P.O., THRISSUR DISTRICT, PIN-680**| ||**664.**| |**4**|**PROJECT DIRECTOR,**| ||**NATIONAL HIGHWAY AUTHORITY OF INDIA-PIU-COCHIN,**| ||**NO.7/511B, MAVELIPURAM NEYTHELI ROAD, KAKKANAD,**| ||**COCHIN-682 030.**| **WP(C).No.31165 of 2018 & Con.cases** -10- **5 KODUNGALLUR MUNICIPALITY, REPRESENTED BY ITS SECRETARY, KODUNGALLUR P.O., PIN-680 664.** **BY ADVS. M/S.M.V.KINI AND CO., SC, NHAI SMT.I.SHEELA DEVI,SC,NHAI** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.06.2019, ALONG WITH WP(C).37253/2018, WP(C).39154/2018, WP(C).34040/2018, WP(C).31265/2018, WP(C).31165/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.31165 of 2018 & Con.cases** -11- ## **JUDGMENT** This bunch of writ petitions was filed challenging acquisition of property for widening National Highway. The petitioners herein are the owners of land on the stretch proposed to be acquired for widening National Highway 66 (previously known as National Highway-17). The grievance of the petitioners is mainly on the ground that the alignment was fixed in such a manner as to exclude a temple property. It is submitted that the alignment also was fixed in unscientific manner. The main challenge in these writ petitions is in regard to the alignment fixed. Some of the petitioners have raised objections and these objections were adverted to by the competent authority. It is to be noted that some of them filed the objection beyond the 21 days fixed under Section 3C of the National Highways Act. After adverting to Section 3A of the National Highways Act which refers to power to acquire land for National Highway and issue notification for acquisition of land and Section 3A (2) which refers to nature of notification. It states that the notification shall contain a brief description of the land. Section 3C refers to the right of an interested person **WP(C).No.31165 of 2018 & Con.cases** -12- to object the notification issued under sub section (i) of Section 3A. These objections are in relation to the use of lands for the purpose mentioned therein. On a combined reading of Sections 3A and 3C, there are two kind of possible objections, one is with respect to the notification. If the notification does not contain a brief description of the land, the person interested in land can object such notification. The other is in regard to the use of land. If the land proposed is not intended for the use of formation of National Highway, an interested person can certainly object such acquisition stating that it is not for the use of the National Highway, but for other purposes. 2. The fixation of alignment is to be done by expert body in the field of development of National Highway. The Apex Court in **Union of India v. Dr.Kushala Shetty's [(2011) 12 SCC 69] Para 28** , observed as follows: “28. Here, it will be apposite to mention that NHAI is a professionally managed statutory body having expertise in the field of development and maintenance of National Highways. The projects involving construction of new Highways and widening and development of the existing highways, which are **WP(C).No.31165 of 2018 & Con.cases** -13- vital for development of infrastructure in the country, are entrusted to experts in the field of highways. It comprises of persons having vast knowledge and expertise in the field of highway development and maintenance. NHAI prepares and implements projects relating to development and maintenance of National Highways after thorough study by experts in different fields. Detailed project reports are prepared keeping in view of the relative factors including intensity of heavy vehicular traffic and larger public interest. The Courts are not at all equipped to decide upon the viability and feasibility of the particular project and whether the particular alignment would sub serve the larger public interest. In such matters, the scope of judicial review is very limited. The Court call nullity the acquisition of land and, in rarest of rare cases, the particular project, if it is found to be ex-facie contrary to the mandate of law or tainted due to mala fides. In the case in hand, neither any violation of mandate of the 1956 Act has been established nor the charge of malice in fact has been proved. Therefore, the order under challenge cannot be sustained.” 3. A similar view was also taken in **Competent Authority v. Barangore Jute Factory [2006 KHC 156]** . The competent authority cannot entertain any objection in regard to the alignment fixed. No authority can tinker with **WP(C).No.31165 of 2018 & Con.cases** -14- the alignment fixed by the National Highway Authority. In the light of the judgment of the Apex Court, the competent authority is justified in overruling the objections. Scope of judicial review, in such circumstances, will be limited. There is no infirmity with the orders passed by the competent authority. Therefore, these writ petitions fail and the same are dismissed accordingly. **Sd/-** **A.MUHAMED MUSTAQUE JUDGE** LEK **WP(C).No.31165 of 2018 & Con.cases** -15- ## **APPENDIX OF WP(C) 31165/2018** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT IN RESPECT OF THE PROPERTY OF THE 1ST PETITIONER.** - **EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT IN RESPECT OF THE PROPERTY OF THE 2ND PETITIONER.** **EXHIBIT P3 TRUE COPY OF TAX RECEIPT OF THE PROPERTY OF THE 3RD PETITIONER. EXHIBIT P4 TRUE COPY OF THE TAX RECEIPT IN RESPECT OF THE PROPERTY OF THE 4TH PETITIONER. EXHIBIT P5 TRUE COPY OF THE TAX RECEIPT OF THE PROPERTY OF THE 5TH RESPONDENT. EXHIBIT P6 TRUE COPY OF THE TAX RECEIPT IN RESPECT OF THE PROPERTY OF THE 6TH PETITIONER. EXHIBIT P7 TRUE COPY OF THE TAX RECEIPT IN RESPECT OF THE PROPERTY OF THE 7TH PETITIONER.** - **EXHIBIT P8 TRUE COPY OF THE TAX RECEIPT IN RESPECT OF THE PROPERTY OF THE 8TH PETITIONER.** - **EXHIBIT P9 TRUE COPY OF THE TAX RECEIPT IN RESPECT OF THE PROPERTY OF THE 9TH PETITIONER.** **EXHIBIT P10 TRUE COPY OF THE RELEVANT PAGE OF NOTIFICATION DATED 8.6.2018 BROUGHT OUT BY THE 1ST RESPONDENT IN THE NEWS PAPERS.** - **EXHIBIT P11 TRUE COPY OF THE SKETCH** - **EXHIBIT P12 TRUE COPY OF THE SKETCH SHOWING THE** **WP(C).No.31165 of 2018 & Con.cases** -16- **PRESENT PROPOSAL AND ALIGNMENT IN VALAPPAD AREA. EXHIBIT P13 TRUE COPY OF THE REPLY ISSUED BY 3RD RESPONDENT UNDER RIGHT TO INFORMATION ACT.** **EXHIBIT-P14 TRUE COPY OF THE NOTICE DATED 11-72018 RECEIVED BY THE 2ND PETITIONER EXHIBIT-P15 TRUE COPY OF THE OBJECTION FILED BY THE 2ND PETITIONER** - **EXHIBIT-P16(A) TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT ISSUED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER** - **EXHIBIT-P16(B) TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER** - **EXHIBIT-P16(C) TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT ISSUED BY THE 3RD RESPONDENT TO THE 3RD PETITIONER** - **EXHIBIT-P16(D) TURE COPY OF THE ACKNOWLEDGMENT RECEIPT ISSUED BY THE 3RD RESPONDENT TO THE 4TH PETITIONER.** - **EXHIBIT P16(E) TRUE COPY OF THE ACKNOWLEGMENT RECEIPT ISSUED BY THE 3RD RESPONDENT TO THE 6TH PETITIONERS HUSBAND** ## **RESPONDENT'S/S EXHIBITS:** **ANNEXURE R2(A) TRUE COPY OF THE LAND ACQUISITON PLAN** **WP(C).No.31165 of 2018 & Con.cases** -17- ## **APPENDIX OF WP(C) 31265/2018** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICE, ENGANDIYOOR IN RESPECT OF THE PROPERTIES OWNED BY THE ENGANDIYOOR VILLAGE.** **EXHIBIT P2 TRUE PHOTOGRAPH OF THE MOSQUE. EXHIBIT P3 TRUE COPY OF THE NOTIFICATION PUBLISHED IN MATHRUBHOOMI DAILY DATED 26.6.2018** **EXHIBIT P4 TRUE COPY OF THE SKETCH OF THE PRESENT ALIGNMENT MADE BY THE RESPONDENTS PURSUANT TO EXHIBIT-P3** **EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE LOCAL INHABITANTS TO THE DISTRICT COLLECTOR,THRISSUR EXHIBIT P6 TRUE COPY OF THE OBJECTION DATED 27-9-2018, RECEIVED BY THE 3RD RESPONDENT ON 28-9-2018 EXHIBIT P7 TRUE COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT No.D24434/18 DATED NIL** ## **RESPONDENT'S/S EXHIBITS:** **ANNEXURE-R2(A) TRUE COPY OF THE APPROVED ALLIGNMENT SHOWING THE LAND ACQUISITIONN PLAN FOR THE MAJOR PORTION OF ENGANDIYUR VILLAGE FROM DESIGN Ch.Km.356/000 TO Ch.Km.361/000.** **WP(C).No.31165 of 2018 & Con.cases** -18- ## **APPENDIX OF WP(C) 34040/2018** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 30-5-18 ISSUED TO THE PETITIONER BY THE VILLAGE OFFICE, LOKAMALESWARAM EXHIBIT P2 TRUE COPY OF THE NOTIFIDCATION PUBLISHED IN THE MALAYALAMORAMA DAILY DATED 12-07-2018 AND THE LANDS TO BE ACQUIRED FROM THE PETITIONERS LAND EXHIBIT P3 TRUE COPY OF THE NOTICE ISSUED BY 3RD RESPONDENT TO THE PETITIONER EXHIBIT P4 TRUE COPY OF THE SKETCH SHOWING THE LANDS PROPOSED TO BE ACQUIRED FROM THE LOKAMALESWARAM VILLAGE, FROM THE OFFICE OF THE 3RD RESPONDENT EXHIBIT P5 TRUE COPY OF THE REPRESENTATION/ OBJECTION DATED 8-10-2018 TO THE 3RD RESPONDENT. TRUE COPY OF THE SAME.** **RESPONDENT'S/S EXHIBITS:** **ANNEXURE-R2(A) TRUE COPY OF THE ALIGNMENT PLAN FOR THE Ch Km 394+500 TO Ch Km 394+500** **WP(C).No.31165 of 2018 & Con.cases** -19- ## **APPENDIX OF WP(C) 37253/2018** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE PROPERTY TAX RECEIPT IN RECEIPT OF THE PROPERTY OF THE PETITIONER EXHIBIT P2 TRUE COPY OF THE SKETCH THAT IS PREPARED BY THE RESPONDENTS IN RESPECT OF LOKAMALESWARAM VILLAGE,IN WHICH THE PROPERTY OF PETITIONER IS SITUATED EXHIBIT P3 TRUE COPY OF THE NOTIFICATION DTD.8.7.2018 BROUGHT OUT BY THE 1ST RESPONDENT IN THE NEWS PAPERS. EXHIBIT P4 TRUE COPY OF THE PHOTOGRAPH SHOWING THE LOCATION OF THE TEMPLE. EXHIBIT P5 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER DATED 16.07.2018. EXHIBIT P6 TRUE COPY ISSUED BY THE 3RD RESPONDENT DATED 16.07.2O18 EXHIBIT P7 PHOTOGRAPH SHOWING THE HOUSE OF THE PETITIONER SITUATED IN SY.NO.124/6 IN LOKAMALESWARAM VILLAGE. EXHIBIT P8 TRUE COPY OF THE HOUSES SITUATED ADJACENT TO THE PROPERTY OF THE PETITIONER,WHICH IS DEMARKED FOR ACQUISITION AND WHICH DO NOT FIND A PLACE IN EXT.P2. EXHIBIT P9 TRUE COPY OF THE NEWS ITEMS PUBLISHED IN THE MALAYALA MANORAMA DAILY DATED 28.2.2018 EXHIBIT P10 A TRUE COPY OF THE REPLY DATED 29.11.2018 OBTAINED FROM NATIONAL HIGHWAY AUTHORITY OF INDIA UNDER RTI ACT. EXHIBIT P11 TRUE COPY OF THE ORDER DATED 12.11.2018 PASSED BY THE 3RD RESPONDENT. EXHIBIT P12 THE RELEVANT PORTION OF THE 2013 REPORT OF THE WILBUR SMITH REPORT** **WP(C).No.31165 of 2018 & Con.cases** -20- **EXHIBIT P13 TRUE COPY OF THE REPRESENTATION DATED NIL PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.** **EXHIBIT P14 TRUE COPY OF THE COMMUNICATION ISSUED BY THE RESPONDENTS EVIDENCING CHANGE OF ALIGNMENT AFTER THE NOTIFICATION** **RESPONDENT'S/S EXHIBITS:** **ANNEXURE-R2(A) TRUE COPY OF THE LAND ACQUISITION PLAN FROM Ch Km 393+000 TO Ch Km 394+500** **WP(C).No.31165 of 2018 & Con.cases** -21- ## **APPENDIX OF WP(C) 39154/2018** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 PHOTOSTAT COPY OF THE NOTIFICATION. EXHIBIT P2 PHOTOSTAT COPY OF THE PLAN.** **EXHIBIT P3 PHOTOSTAT COPY OF THE NOTIFICATION DATED 21.06.2018. EXHIBIT P4 PHOTOSTAT COPY OF THE OBJECTION FILED BY THE 1ST PETITIONER TO THE 5TH RESPONDENT DATED 16.07.2018.** **EXHIBIT P5 PHOTOSTAT COPY OF THE OBJECTION FILED BY THE 2ND PETITIONER TO THE 5TH RESPONDENT DATED 16.07.2018.** **EXHIBIT P6 PHOTOSTAT COPY OF THE OBJECTION FILED BY THE 4TH PETITIONER TO THE 5TH RESPONDENT DATED 16.07.2018.** **EXHIBIT P7 PHOTOSTAT COPY OF THE OCCUPANCY CERTIFICATE GIVEN TO THE 1ST PETITIONER ISSUED BY THE KODUNGALLOOR MUNICIPALITY.** **RESPONDENT'S/S EXHIBITS: ANNEXURE-R7(A) TRUE COPY OF THE LAND ACQUISITION PLAN.** **WP(C).No.31165 of 2018 & Con.cases** -22- ## **APPENDIX OF WP(C) 40503/2018** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE NOTIFICATION NO.S.O.3068(E) DATED 21.06.2018 1ST RESPONDENT IN MANORAMA DAILY. EXHIBIT P2 A TRUE COPY OF THE SKETCH OF THE 2008 ALIGNMENT BY 1ST RESPONDENT. EXHIBIT P3 A TRUE COPY OF THE SKETCH OF MAY 2018 ALIGNMENT BY 1ST RESPONDENT. EXHIBIT P4 A TRUE COPY OF THE PROPERTY TAX RECEIPT IN SURVEY NUMBER 130/2 BY THE 1ST PETITIONER. EXHIBIT P5 A TRUE COPY OF THE PROPERTY TAX RECEIPT IN SURVEY NUMBER 124/6-5 BY THE 2ND PETITIONER. EXHIBIT P6 A COPY OF THE OBJECTION FILED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT DATED 24.07.2018. EXHIBIT P7 A COPY OF THE REPLY BY THE 4TH RESPONDENT ALONG WITH AN EMAIL MESSAGE DATED 29.11.2018. EXHIBIT P8 A TRUE COPY OF THE REPLY NO.B1-2668/2018 DATED 30.07.2018 BY THE SPL.TAHSILDAR(LA) TO ONE OF THE RESIDENTS. EXHIBIT P9 A TRUE COPY OF THE ORDER B1-3675/18 DATED 12/11/208 ISSUED BY THE 3RD RESPONDENT**