W.P.(C) Nos. 29312/2023 & 18050/2023 (High Court of Kerala, Ernakulam)

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** # **THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 10[TH] DAY OF NOVEMBER 2023 / 19TH KARTHIKA, 1945** ## **WP(C) NO. 29312 OF 2023** ## **PETITIONERS:** - 1 THANKAMONY S AGED 58 YEARS CHILANKA, NEAR MYLAM LPS, ERAYAMKODE, CHERIYAKONNI P.O, THIRUVANANTHAPURAM., PIN – 695013 - 2 ANKITHA GOPAN T AGED 27 YEARS PARVATHI BHAVAN ERAYAMKODE, CHERIYAKONNI P.O THIRUVANANTHAPURAM, PIN – 695013 - 3 PROF. K. RAVEENDRAN NAIR AGED 63 YEARS GHARMA, HOUSE NO.405A, ERAYAMKODE, CHERIYAKONNI P.O THIRUVANANTHAPURAM, PIN – 695013 BY ADV G.S.REGHUNATH ## **RESPONDENTS:** - 1 THE PROJECT DIRECTOR VIZHINJAM OUTER RING ROAD PROJECT, NATIONAL HIGHWAY AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT, PALKULANGARA, PETTAH P.O. THIRUVANANTHAPURAM, PIN - 695204 - 2 THE SPECIAL DEPUTY COLLECTOR, LAND ACQUISITION (LA NH), CIVIL STATION, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM, PIN - 695043 - 3 THE NATIONAL HIGHWAY AUTHORITY OF INDIA. G-586, SECTOR10, DWARAKA, NEW DELHI REPRESENTED BY ITS CHAIRMAN, PIN - 110075 - 4 UNION OF INDIA - MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT OF INDIA REPRESENTED BY ITS SECRETARY, CENTRAL DELHI P.O, NEW DELHI, PIN - 110001 **2** ## WP(C) No. 29312/2023 & 18050/2023 5 THE PRINCIPAL SECRETARY DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001 BY ADV MINI GOPINATH -CGC . BY SR.G.P. SRI. BIMAL K. NATH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.11.2023, ALONG WITH WP(C).18050/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No. 29312/2023 & 18050/2023 **3** # **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** # **THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 10[TH] DAY OF NOVEMBER 2023 / 19TH** # **KARTHIKA, 1945** # **WP(C) NO. 18050 OF 2023** ## **PETITIONERS:** - 1 VIZHINJAM -NAVAIKULAM OUTER RING ROAD PUTHUSSERIMUKKU ACTION COUNCIL MOOLAKADYIL BUILDING, PUTHUSSERIMUKKU P.O., KALLAMBALAM, THIRUVANAHTAPURAM-. REP. BY ITS CHAIRMAN, MOHAMMED ANZAL A., AGED 30 YEARS, S/O. M.H. AYOOB, RESIDING AT SUNEESA MANZIL, PUTHUSSERIMUKKU P.O., KARAVARAM, THIRUVANANTHAPURAM, PIN - 695605 - 2 PUTHUSSERIMUKKU - SREE MURUKAN TEMPLE REP. BY ITS SECRETARY, AJITHKUMAR A., AGED 48.YEARS, C/O.SHEEJA, ASWATHI PUTHUSSERIMUKKU P.O., KALLAMBALAM, THIRUVANANTHAPURAM, PIN - 695605 - 3 R.JAYAPRAKASH AGED 70 YEARS S/O.RAGHAVAN, SURABHI, KALLAMPARAM P.O., OTTOOR, THIRUVANANATHAPURAM, PIN - 695605 - 4 ASWATHY MOHAN AGED 36 YEARS - C/O.RAHUL MAHESH K.M., KOOTTUMMEL HOUSE, PUTHUSSERIMUKKU P.O., KARAVARAM, THIRUVANANTHAPURAM, PIN - 695605 - 5 AKHIL MOHAN AGED 33 YEARS S/O.B.MOHANAN, SAYOOJYA, PUTHUSSERIMUKKU P.O., KARAVARAM, THIRUVANANTHAPURAM, PIN - 695605 WP(C) No. 29312/2023 & 18050/2023 **4** - 6 R.SURESH KUMAR AGED 60 YEARS S/O.RAGHAVAN, VARUVILAKOM, PUTHUSSERIMUKKU P.O., KARAVARAM, THIRUVANANTHAPURAM, PIN – 695605 - 7 SABIRA BEEGAM A AGED 51 YEARS - C/O.MOOSAKUNJU, 16 PULARI, PUTHUSSERIMUKKU P.O., KARAVARAM, THIRUVANANTHAPURAM-, PIN - 695605 - 8 SUNEESA BEEVI AGED 49 YEARS - W/O.AYOOB, SUNEESA MANZIL, PUTHUSSERIMUKKU P.O., KARAVARAM, THIRUVANANTHAPURAM-, PIN - 695605 - 9 SHAJAHAN, M AGED 57 YEARS - S/O.MUHAMED ILLEYAS, SHEBIN MANSIL, KALLAMBALAM P.C, MUKKU P.O., NAVAIKULAM, KARAVARAM, KALLAMBALAM, THIRUVANANTHAPURAM-, PIN - 695605 - 10 MOHAMED ILLIAS E AGED 60 YEARS - S/O.ISMAIL, JASEENA MANZIL, KAIPADAKONAM, PUTHUSSERIMUKKU P.O., KARAVARAM, THIRUVANANTHAPURAM-, PIN - 695605 - 11 A.SAINULABDEEN AGED 68 YEARS - S/O.AHAMMEDPILLAI, A.S.MANZIL, PUTHUSSERIMUKKU P.O., KARAVARAM, THIRUVANANTHAPURAM-, PIN - 695605 - 12 SINDHU R.S AGED 57 YEARS D/O.RAJAN, VARUVILAKAM, PUTHUSSERIMUKKU P.O., KALLAMBALAM, THIRUVANANTHAPURAM-, PIN – 695605 WP(C) No. 29312/2023 & 18050/2023 **5** - 13 LATHAKUMARI N AGED 65 YEARS - W/O.RAMACHANDRAN, DEEPU MANDIRAM, PUTHUSSERIMUKKU P.O., KARAVARAM, THIRUVANANTHAPURAM-, PIN - 695605 - 14 BADARUDEEN M AGED 64 YEARS S/O.MOHAMMED ISMAIL, BUSHRA MANZIL, EDAVOORKONAM, PUTHUSSERIMUKKU P.O., - KUDAVOOR NAVAIKULAM, THIRUVANANTHAPURAM-, PIN - 695605 - 15 CHANDRADASAN S AGED 71 YEARS - S/O.SANKU, ARCHANALAYAM, PUTHUSSERIMUKKU P.O., KARAVARAM, THIRUVANANTHAPURAM-, PIN - 695605 - 16 MANIJA AGED 41 YEARS C/O.JAGADEESHKUMAR, VARUVILA VEEDU, PUTHUSSERIMUKKU P.O., KARAVARAM, THIRUVANANTHAPURAM-, PIN - 695605 - 17 SAJI M AGED 40 YEARS - S/O.MOHAMMED KANNU, VAYALIL VEEDU, NEAR P.C.MUKKU TEMPLE, MUKKU P.O., NAVAIKULAM, KALLAMBALAM, THIRUVANANTHAPURAM-, PIN - 695605 - 18 MANI RAJAN P AGED 73 YEARS , S/O.PARAMESWARAN, POIKA VILA VEEDU, PUTHUSSERIMUKKU P.O., KARAVARAM, THIRUVANANTHAPURAM-, PIN - 695605 - 19 K.VINOD KUMAR AGED 67 YEARS S/O.KUNJIRAMAN, NANDHU LANE, PUTHUSSERIMUKKU P.O., KARAVARAM, THIRUVANANTHAPURAM-, PIN – 695605 WP(C) No. 29312/2023 & 18050/2023 **6** - 20 SASIKALA G., AGED 64 YEARS W/O.SIVAPRASAD, SHYU NIVAS, PUTHUSSERIMUKKU P.O., KARAVARAM, THIRUVANANTHAPURAM-, PIN - 695605 - 21 SUBASH G AGED 66 YEARS S/O.GANGADHARAN, S.L.NIVAS, PUTHUSSERIMUKKU P.O., KARAVARAM, THIRUVANANTHAPURAM-, PIN – 695605 - 22 SARALA AGED 53 YEARS W/O.HARIDAS, S.S.BHAVAN, PUTHUSSERIMUKKU P.O., KALLAMBALAM, KARAVARAM, THIRUVANANTHAPURAM-, PIN - 695605 - 23 T.G.PRASANNAKUMAR AGED 57 YEARS S/O.GOPALAKRISHNAN, EDAYILAYIKTHU VEEDU, PUTHUSSERIMUKKU P.O., KARAVARAM, THIRUVANANTHAPURAM, PIN - 695605 - 24 ASHOKKUMAR T.G. AGED 56 YEARS S/O.GOPALAKRISHNAN, ASHOKAM, - PUTHUSSERIMUKKU P.O., KARAVARAM, THIRUVANANTHAPURAM-, PIN - 695605 - 25 V.S.LILLY AGED 72 YEARS W/O.K.KAMALASANAN, KUNJU BHAVANAM, PUTHUSSERIMUKKU P.O., KARAVARAM, THIRUVANANTHAPURAM-, PIN - 695605 - 26 MUHAMMADSHAFI M. AGED 45 YEARS S/O.MUHAMMADIBRAHIM, 31, PUTHANVILA VEEDU, PUTHUSSERIMUKKU P.O., KARAVARAM, THIRUVANANTHAPURAM-, PIN - 695605 27 VINOD AGED 43 YEARS,S/O.SURENDRAN, VARUVILA VEEDU, PUTHUSSERIMUKKU P.O., KARAVARAM, THIRUVANANTHAPURAM-, PIN - 695605 WP(C) No. 29312/2023 & 18050/2023 **7** - 28 SHEEJA J AGED 48 YEARS W/O.SHAJAHAN, KIZHAKKUMKARA PUTHEN VEEDU, EDAVOORKONAM, P.C.MUKKU P.O., KALLAMBALAM, THIRUVANANTHAPURAM-, PIN - 695605 29 RAJILA BEEVI A AGED 48 YEARS D/O.ALIYARUKUNHU, BISMILLAH MANZIL, PUTHUSSERIMUKKU P.O., KALLAMBALAM, KARAVARAM, THIRUVANANTHAPURAM-, PIN - 695605 30 S.MANILAL AGED 60 YEARS S/O.SAHADEVAN, VALIYAVILA VEEDU, PUTHUSSERIMUKKU P.O., KARAVARAM, THIRUVANANTHAPURAM-, PIN - 695605 31 HASEENA BEEVI A.S AGED 50 YEARS W/O.SHAJAHAN M., ' FIRDOUZ', EDAVOORKONAM, P.C. MUKKU P.O., KALLAMBALAM, THIRUVANANTHAPURAM-, PIN - 695605 - 32 LAIJU S AGED 44 YEARS W/O.SINDHU KUMAR, CHARUVILA VEEDU, EDAVOORKONAM, PUTHUSSERIMUKKU P.O., KARAVARAM, THIRUVANANTHAPURAM-, PIN – 695605 - 33 SHEEJA BEEVI AGED 50 YEARS W/O.SIRAJUDEEN, AL AMEEN MANZIL, PUTHUSSERIMUKKU P.O., KALLAMBALAM, KUDAVOOR, THIRUVANANTHAPURAM-, PIN – 695605 ## 34 NAZEER AGED 53 YEARS S/O.MOHAMED ILLIYAS, SHAJI MANZIL, PUTHUSSERIMUKKU P.O., KARAVARAM, THIRUVANANTHAPURAM-, PIN – 695605 WP(C) No. 29312/2023 & 18050/2023 **8** - 35 HAROON M.K,AGED 48 YEARS S/O.MUHAMMED KANNU, EDAVOORKONAM, P.C.MUKKU P.O., KUDAVOOR, NAVAIKULAM, THIRUVANANTHAPURAM-, PIN – 695605 - 36 ANILKUMAR G. AGED 56 YEARS S/O.GOPINATHAN PILLAI, ANIL BHAVAN, EDAVOORKONAM, PUTHUSSERIMUKKU P.O., KARAVARAM, THIRUVANANTHAPURAM-, PIN – 695605 - 37 MUHAMMED KUNJU AGED 65 YEARS S/O.MEERASAHIB, KOCHUKADAIL VEEDU, PUTHUSSERIMUKKU P.O., KARAVARAM, THIRUVANANTHAPURAM-, PIN – 695605 - 38 SABEENA M AGED 47 YEARS W/O.KAMALUDEEN, AJMAL SHA MANZIL, EDAVOORKONAM, PUTHUSSERIMUKKU P.O., THIRUVANANTHAPURAM-, PIN - 695605 - 39 KALAMUDDEEN A AGED 51 YEARS C/O.FASEELA BEEVI.A., CHARUVILA VEEDU, KALLAMBALAM, PUTHUSSERIMUKKU P.O., NAVAIKULAM-THIRUVANANTHAPURAM, PIN - 695605 - 40 SHEENA R AGED 45 YEARS W/O.SASIDHARAN PILLAI, ROADVILA VEEDU, PUTHUSSERIMUKKU P.O., KARAVARAM, THIRUVANANTHAPURAM, PIN - 695605 - 41 BASHEER AGED 60 YEARS S/O.ISMAIL PILLAI, BENZY MANZIL, VATTAKAITHA, PUTHUSSERIMUKKU P.O., KARAVARAM, THIRUVANANTHAPURAM-, PIN - 695605 - 42 NAZEEMA BEGUM AGED 63 YEARS W/O.SHAMSUDHEEN, V.K. HOUSE, VATTAKKAITHA, WP(C) No. 29312/2023 & 18050/2023 **9** PUTHUSSERIMUKKU P.O., KALLAMBALAM, THIRUVANANTHAPURAM, PIN - 695605 - 43 HAZEENA H. AGED 35 YEARS C/O.SIDEEKH, DARUL HUDA, PUTHUSSERIMUKKU P.O., KALLAMBALAM, NAVAIKULAM, THIRUVANANTHAPURAM-, PIN - 695605 - 44 PRASAD S AGED 60 YEARS - C/O.SADANANDHAN, POIKAVILA VEEDU, VELLALLOOR P.O., KARVARAM, PEROOR, THIRUVANANANTHAPURAM-A, PIN - 695601 - 45 SALIM A AGED 65 YEARS S/O.ALIYARU KUNJU, SAJI MANZIL, THOTTAKKADU P.O., MANAMPOOR, KARAVARAM KALLAMBALAM, THIRUVANANANTHAPURAM-, PIN - 695605 - 46 MOHAMMED SAIFUDHEEN AGED 66 YEARS S/O.MUHAMMED KUNJU, ROSE GARDEN PAVAILA, PUTHUSSERIMUKKU P.O., KARAVARAM, THIRUVANANTHAPURAM-., PIN - 695605 - 47 MENAKA V AGED 81 YEARS W/O.PURUSHOTHAMAN, 'SREEMENAKA', PUTHUSSERIMUKKU P.O. KARAVARAM, THIRUVANANTHAPURAM-, PIN - 695605 - 48 SANOOJ A AGED 36 YEARS S/O.SHAHUL HAMEED, SAFILA MANZIL, P.C.MUKKU P.O., KARAVARAM, THIRUVANANTHAPURAM-, PIN - 695605 BY ADVS. P.SATHISAN DONA AUGUSTINE ATHUL RAJESH SHIBU B.S BIJU P.PAUL WP(C) No. 29312/2023 & 18050/2023 **10** ## **RESPONDENTS:** - 1 UNION OF INDIA MINISTRY OF ROAD TRANSPORT & HIGHWAYS, GOVERNMENT OF INDIA, CENTRAL DELHI P.O., NEW DELHI-, REP. BY ITS SECRETARY., PIN - 110001 - 2 MINISTRY OF ENVIRONMENT AND FOREST DEPARTMENT - NATIONAL INFORMATICS CENTRE, A4B4, 3RD FLOOR, A BLOCK CGO COMPLEX P.O., LODHI ROAD NEW DELHI-, REP. BY ITS SECRETARY, PIN - 110003 - 3 PROJECT DIRECTOR NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNITTHIRUVANANTHAPURAM, T.C. 36/414(5), - PALKULANGARA P.O., THIRUVANANTHAPURAM, PIN - 695024 - 4 DIRECTOR GENERAL (ROAD DEVELOPMENT) & SPECIAL SECRETARY - ROOM NO.213, MINISTRY OF ROAD TRANSPORT & HIGHWAYS, TRANSPORT BHAVAN, 1, PARLIAMENT STREET, CENTRAL DELHI P.O., NEW DELHI, PIN - 110001 - 5 PROJECT DIRECTOR NHAI, HEAD OFFICE, DWARAKA SECTOR-10, SOUTH WEST DELHI P.O.,NEW DELHI-, PIN – 110075 - 6 STATE OF KERALA REP. BY ITS SECRETARY , PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM P.O.,, PIN – 695001 - 7 SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY OF LAND ACQUISITION NHAI, COLLECTORATE, CIVIL STATION, KUDAPPANAKUNNU P.O., THIRUVANANTHAPURAM-, PIN – 695043 WP(C) No. 29312/2023 & 18050/2023 **11** - 8 DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KUDAPPANAKUNNU P.O., THIRUVANANTHAPURAM-, PIN – 695043 - 9 KARAVARAM GRAMA PANCHAYATH KARAVARAM, KALLAMBALAM P.O., THIRUVANANTHAPURAM-, REP. BY ITS SECRETARY, PIN – 695605 - 10 THE SECRETARY KARAVARAM GRAMA PANCHAYATH, KARAVARAM, KALLAMBALAM P.O., THIRUVANANTHAPURAM, PIN - 695605 - 11 NAVAIKULAM GRAMA PANCHAYATH NAVAIKULAM PALLIKKAL RD, NAVAIKULAM P.O., THIRUVANANANTHAPURAM-, REPRESENTED BY SECRETARY, PIN – 695603 - 12 THE SECRETARY NAVAIKULAM GRAMA PANCHAYATH, NAVAIKULAM PALLIKKAL RD, NAVAIKULAM P.O., THIRUVANANANTHAPURAM, PIN – 695603 - 13 SPECIAL OFFICER - CAPITAL REGION DEVELOPMENT PROJECT-II CDRPII, INKEL BHAVAN, VELLAYAMBALAM JUNCTION, SASTHAMANGALAM P.O., THIRUVANANTHAPURAM, PIN – 695010 BY ADVS. JAGATH N- CGC BIJU BALAKRISHNAN – SC FOR R11,12, BY G.P. SRI. BIMAL K. NATH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.11.2023, ALONG WITH WP(C).29312/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No. 29312/2023 & 18050/2023 **12** ## **MURALI PURUSHOTHAMAN, J. --------------------------------------------W.P.(C) Nos.18050 of 2023 & 29312 of 2023** **-------------------------------------------------** Dated this the 10[th] day of November, 2023 ## **JUDGMENT** Since common issues arise for consideration in these writ petitions, they are disposed of by this common judgment. The exhibits referred to hereinbelow shall be as obtaining in W.P.(C) No.29312/2023, unless otherwise expressly indicated. 2. The petitioners in W.P.(C)No.18050/2023 are residing within the limits of Karavaram and Navaikulam Grama Panchayats and the petitioners in W.P.(C) No.29312/2023 are the residents of Aruvikkara Village in Nedumangad Taluk. The Central Government issued Ext. P9 notification under Section 3A of the National Highways Act, 1956 (hereinafter referred to as 'NH Act', ## WP(C) No. 29312/2023 & 18050/2023 ## **13** for short) declaring its intention to acquire properties mentioned therein for the construction of NH 866 Thiruvananthapuram Outer Ring Road between Vizhinjam and Navaikulam. The petitioners state that the notification is vague and they could not decipher whether their properties would be acquired and, if so, which portion of their properties is proposed to be acquired. The petitioners state that Section 3A (2) of the NH Act provides that every notification under Section 3 A (1) shall give a brief description of the land, but Ext. P9 lacks any description of the land proposed to be acquired even for preferring an objection to the notification under Section 3C of the NH Act. It is also contended that the properties owned by the petitioners were not included in the original alignment and that the alignment was altered due to the influence of certain property owners whose lands fall within the original alignment. It is further contended that the ## WP(C) No. 29312/2023 & 18050/2023 ## **14** Environmental Clearance (EC) is not so far obtained for the project and the Environmental Impact Assessment (EIA) study is still going on and the final report is not yet published. It is contended that EC has to be obtained prior to Section 3A notification and without EC, no acquisition process including laying of boundary stones can be done. Since the EC and EIA are mandatory, without the same, there cannot be any declaration under Section 3D. 3. The petitioners submitted individual objections under Section 3C(1) of the NH Act before the Competent Authority (CALA). Since the objections were not considered, they approached this Court and by Ext. P31 judgment, this Court directed the Competent Authority to consider the objections, in accordance with law. Pursuant thereto, the Competent Authority passed Ext. P32 order rejecting the objections stating that the demand for change of alignment is not feasible. ## WP(C) No. 29312/2023 & 18050/2023 ## **15** Accordingly, these writ petitions are filed challenging Ext. P9 notification under Section 3A of the NH Act and Ext. 32 order rejecting the objections under Section 3C and for direction not to effect any further construction or activities based on Ext. P9 notification in the Navaikulam- Vellavoor stretch and to settle the alignment considering the alternative proposal submitted by the petitioners. 4. A Statement dated 20.06.2023 has been filed by the Project Director, National Highways Authority of India (NHAI) stating that the change of alignment is not possible as alignment has already been approved by the Ministry of Road Transport and Highways and State Government. A counter affidavit is also placed on record on behalf of the Project Director, NHAI wherein it is stated that the revised alignment was considered in the draft EIA report and the draft report was disclosed to the general public with the intent to obtain feedback ## WP(C) No. 29312/2023 & 18050/2023 ## **16** and suggestions and that on receipt of such feedback and suggestions from different stakeholders, changes, if necessary, will be made in the final report. It is stated that the EIA report is in its final stages and will be submitted before State Environmental Impact Assessment Authority (SEIAA). It is further stated that stones are being laid to demarcate the right of way (Row) on the alignment already considered in the EIA report and there is no deviation as alleged by the petitioners. 5. Heard Sri. G.S. Reghunath and P. Sathisan, the learned counsel for the petitioners, Sri. N.Jagath, the learned Standing counsel for the NHAI, Sri. Biju Balakrishnan, the learned counsel for the Panchayats and Sri. Bimal K. Nath, the learned Government Pleader. 6. The learned counsel for the petitioners contends that Ext. P9 notification under Section 3A(1) of the NH ## WP(C) No. 29312/2023 & 18050/2023 ## **17** Act is not in consonance with Section 3A(2); inasmuch as it does not give a brief description of the land as mandated therein. Sri. Sathisan took me through the decision of the Hon’ble Supreme Court in **Competent Authority v. Barangore Jute Factory and Ors. (2005 (13) SC 477).** Paragraphs 7, 8 and 9 of the decision read as follows:- “7. So far as the question whether the impugned notification meets the requirement of Section 3A(1) of the Act regarding giving brief description of land is concerned, we have already shown 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 WP(C) No. 29312/2023 & 18050/2023 ## **18** for the purposes specified under the Act or to make a claim for compensation. It is settled law that 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. In our view, the impugned notification fails to meet the statutory mandate. 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 in this case is, therefore, not in accordance with the law. 8. While dealing with the question of brief description of land in the acquisition notifications, reference was made to some judgments of this Court where acquisition Notifications under Section 4 of the Land Acquisition Act had come up for consideration on account of challenge being leveled on ground of vagueness of the Notifications. In WP(C) No. 29312/2023 & 18050/2023 ## **19** most of these cases, Plan of the area under acquisition was made part of the notifications to show that the requirement of description of land was met. This lead us to inquire whether there was any site plan forming part of the impugned Notification. 9. The availability of a Plan would have made all the difference. If there is a Plan, the area under acquisition become identifiable immediately. The question whether the impugned Notification meets the requirement of brief description of land under Section 3A(2) goes to the root of the matter. The High Court rightly observed: “it is just not possible to proceed to determine the necessity of acquisition of a particular plot of land, without preparation of a proper Plan.” The Appendix to the impugned Notification shows that in many cases small parts of larger chunks of land have been notified for acquisition. This is not possible without preparing a Plan. But where is the Plan? The Notification in question makes no reference to any Plan. Our WP(C) No. 29312/2023 & 18050/2023 ## **20** attention was drawn to averments in pleadings by Writ Petitioners and replies thereto of the acquiring authority, The Writ Petitioners have pleaded that there was no plan, Replies are vague and by way of rolled up answers. There is no specific reply. It is obvious that there was no Plan and therefore none was referred to in pleadings nor any thing’ was produced before Court at the hearing. Learned counsel for the Competent Authority tried to submit before us that there was a Plan at the time of issue of the notification and the Writ Petitioners ought to have inspected it if they so desired. He further submitted that the Plan was produced before the High Court. We find that both these submissions are not sustainable as they are not correct. A reference to the impugned Notification shows that there is no mention of any Plan. Without this how can anybody know that there was a Plan which could be inspected and inspected where? We are inclined to accept that there was no Plan accompanying the impugned Notification. During WP(C) No. 29312/2023 & 18050/2023 **21** the course of hearing we were shown a Plan which we are unable to link with the impugned Notification. This was a 1996 P.W.D. Plan. The P.W.D. is a department of the State Government. The impugned Notification is by the Central Government. The NHAI is established under a Central Act. The Competent Authority under Section 3 of the Act is appointed by the Central Government. Therefore, this State Government Plan of 1996 (the impugned Notification is of 1998) is of no assistance. The impugned judgment of the High Court emphasises the need for a Plan. It is clear from the judgment of the High Court that no Plan was produced before it. The absence of any reference to a Plan in the impugned Notification and in fact non-availability of any Plan linked to the Notification, fortifies the argument that the description of the land under acquisition in the impugned Notification fails to meet the legal requirement of a brief description of the land which renders the Notification invalid”. WP(C) No. 29312/2023 & 18050/2023 **22** ## 7. Sri. Sathisan also invited my attention to paragraph 10 of the said decision, the relevant portion whereof reads as follows:- “...The National Highways Act confers no such right. Under this Act there is no right to object to acquisition of land except on the question of its user. Therefore, the present objection has to be decided independently of the right to file objections. De hors the right to file objection, the validity of the Notification has to be considered. Failure to file objection to the notification under Section 3C, therefore, cannot non-suit the writ petitioners in this case. “ It is therefore contended that since Ext.P9 is invalid being not descriptive, all further proceedings pursuant thereto shall also be declared invalid. 8. The learned Government Pleader would distinguish the said decision by pointing out that in the aforesaid case, the Hon'ble Supreme Court found that the Section 3A (1) notification therein makes no ## WP(C) No. 29312/2023 & 18050/2023 ## **23** reference to any plan and observed that the availability of a plan would have made all the difference as the area under acquisition becomes identifiable immediately. In the case on hand, the notification contains all relevant details to identify the area under acquisition as it gives the survey number of the land, whether it is a private property, public or Government property, the classification of land and the extent. The plans cannot be appended to the notification as they are voluminous. The notification states that the plan and other details of acquisition can be obtained from the office of the Competent Authority. The learned Government Pleader argues that the petitioners have no case that the any of the details or information they sought from the Competent Authority has been rejected. 9. On going through Ext.P9, it can be seen that the notification contains the details of the District, Taluk, Village, Block Number, survey number of the land, ## WP(C) No. 29312/2023 & 18050/2023 ## **24** whether it is private property or not, the classification and the extent of the land in hectors. Those are sufficient description to identify the lands required to be acquired. The notification also states that the plan of the lands sought to be acquired and other details can be inspected at the office of the Competent Authority. The petitioners have no case that they have approached the Competent Authority for such details and those details were denied by the Competent Authority. I find that Ext.P9 meets the requirement of Section 3A(1) of the NH Act and the contentions of the petitioners to the contrary are rejected. 10. With regard to the contention of the petitioners that without EC and publication of EIA report, the authorities cannot proceed with the acquisition process, it will be apposite to refer the decision of the Hon’ble Supreme Court in **Project Director** , **Project Implementation Unit v.** WP(C) No. 29312/2023 & 18050/2023 **25** ## **P.V.Krishnamoorthy and Ors. [(2021) 3 SCC 572]** wherein the Court examined in detail as to whether prior environmental clearance was imperative before issuing notifications under S.3A(1) of the NH Act and at what stage of acquisition proceedings such environmental clearance ought to be made precondition. In Paragraphs 50, 51 and 52 of the said judgment, the Apex Court held:- “50. The question as to whether the competent authority under the 1956 Act is obliged to take prior permission before issuing notification under Section 3A of the Act, must be answered primarily on the basis of the scheme of the enactments under consideration. As regards power to acquire land for the purpose of building, maintenance, management and operation of a national highway or part thereof, the same has been bestowed on the Central Government in terms of Section 3A of the 1956 Act. There is nothing in the 1956 Act, which impels the Central Government to obtain prior environment clearance before exercise of that power and in issuing notification under Section 2(2), much less Section 3A expressing its intention to acquire the WP(C) No. 29312/2023 & 18050/2023 **26** ## designated land. 51. The Central Government has framed rules in exercise of power under Section 9 of the 1956 Act, titled as the National Highways Rules, 1957. These rules are required to be followed by the executing agency. There is nothing, even in these Rules, to remotely suggest that the Central Government is obliged to obtain prior permission(s) under environmental/ forest laws before issuing notification under Section 3A. The executing agency is none else, but established under the 1988 Act, namely, the NHAI. Before NHAI commences the execution of any original work, it has to abide by the norms specified in the 1957 Rules regarding preparation of estimate of work etc. The Schedule of the 1957 Rules stipulates conditions for the issue of technical approval and financial sanction to plan and estimate for execution of any original work on a national highway costing an amount not exceeding Rs.50 lakhs by the executing agency concerned. Neither the 1956 Act, the Rules framed thereunder i.e. the 1957 Rules nor the 1988 Act and the Rules made thereunder have any bearing on the question under consideration. None of these enactments/rules specify any express condition requiring Central Government to obtain prior environmental/forest clearance before issuing notification under Section 2(2) declaring the WP(C) No. 29312/2023 & 18050/2023 ## **27** stretch/section to be a national highway or Section 3A of the 1956 Act to express intention to acquire land for the purpose of building, maintenance, management or operation of a national highway, as the case may be. 52. Reverting to the notification issued by the MoEF dated 14.9.2006, even this notification does not constrict the power of Central Government to issue notification under S.2(2) or S.3A of the 1956 Act. There is nothing to suggest that before expressing intention to acquire any land for the purpose of the 1956 Act, prior environmental / forest clearance is required. The environmental / forest clearance, however, is, required to be obtained by the executing agency in terms of this notification “before commencing the actual work or executing the proposed work / project”. That would happen only after the land is vested in the NHAI or the NHAI was to be entrusted with the development work of concerned national highway by the Central Government in exercise of powers under S.5 of the 1956 Act read with S.11 of the 1988 Act. The land would vest in the Central Government under the 1956 Act only after publication of declaration of acquisition under S.3D. And until then, the question of Central Government vesting it in favour of NHAI under S.11 of the 1988 Act would not arise. However, until the vesting of the land, the Central WP(C) No. 29312/2023 & 18050/2023 ## **28** Government and its authorised officer can undertake surveys of the notified lands by entering upon it in terms of S.3B of the Act. Pertinently, the activities predicated in S.3B are of exploration for verifying the feasibility and viability of land for construction of a national highway. These are one - time activities and not in the nature of exploitation of the land for continuous commercial / industrial activities as such. There is remote possibility of irretrievable wide spread environmental impact due to carrying out activities referred to in S.3B for assessing the worthiness of the land for using it as a national highway. Thus, the question of applying notification of 2006 at this stage does not arise, much less obligate the Central Government to follow directives thereunder.” 11. In the counter affidavit filed by the NHAI, it is stated that the EIA report is in its final stages and will be submitted before the SEIAA. The environmental clearance is required to be obtained by the executing agency only after the land is vested in the Central Government after the publication of declaration of acquisition under Section 3D of the NH Act. In the light ## WP(C) No. 29312/2023 & 18050/2023 ## **29** of the law laid down in **Project Director** , **Project Implementation Unit** (supra), the acquisition process set in motion upon issue of Section 3A notification can go on in parallel until the publication of declaration under Section 3D. In the cases on hand, Section 3D declaration has not yet been issued. Therefore, there is nothing wrong in the authorities proceeding with the acquisition process till the publication of declaration under Section 3D. Section 3D declaration can be issued after grant of EC. The Hon'ble Supreme Court in **Union of India v. Dr. Kaushala Shetty and others** [(2011) 12 SCC 69] has held that Courts are not at all equipped to decide upon the viability and feasibility of the particular project and whether the particular alignment would subserve the larger public interest and in such matters, the scope of judicial review is very limited. The petitioners have not raised any valid grounds to interfere with the ## WP(C) No. 29312/2023 & 18050/2023 ## **30** alignment of the road in question. The NHAI is the best Judge to decide the alignment of the road. Accordingly, the prayer in this regard is also rejected. These writ petitions are accordingly dismissed. Sd/- **MURALI PURUSHOTHAMAN JUDGE** al/-+ WP(C) No. 29312/2023 & 18050/2023 **31** ## **APPENDIX OF WP(C) 18050/2023** PETITIONER EXHIBITS - Exhibit P1 - Exhibit P1 TRUE COPY OF RELEVANT EXTRACT OF SECTION 3A NOTIFICATION DATED 28.10.2022 PUBLISHED IN MALAYALA MANORAMA DAILY DATED 09.11.2022 - Exhibit P2 TRUE COPY OF RESOLUTION DATED 22.12.2022 OF NAVAYIKULAM GRAMA PANCHAYATH - Exhibit P3 TRUE COPY OF RESOLUTION DATED 16.12.2022 OF KARAVARAM GRAMA PANCHAYATH - Exhibit P4 TRUE COPY OF RELEVANT EXTRACT OF THE CENTRAL GOVERNMENT NOTIFICATION DATED 22.08.2013 IN S.O.2559(E) DATED 14.09.2006 - Exhibit P5 TRUE COPY OF THE RELEVANT EXTRACT OF EIA REPORT FOR PROPOSED OUTER RING ROAD (NORTHERN RING: NAVAIKULAM TO THEKKADA), THIRUVANANTHAPURAM VIDE PROJECT NO.C1181309 - Exhibit P6 TRUE COPY OF THE THE ALIGNMENT SETTLED IN RELATION TO THE EIA REPORT - Exhibit P6(a) TRUE COPY OF THE RELEVANT EXTRACT OF GUIDELINES ON LAND ACQUISITION FOR NATIONAL HIGHWAYS UNDER THE NATIONAL HIGHWAYS ACT, 1956 PUBLISHED IN GOVERNMENT OF INDIA, MINISTRY OF ROAD TRASPORT AND HIGHWAYS DECEMBER 2018 - Exhibit P7 TRUE COPY OF INTIMATIONS FROM CALA DATED 14.03.2023 - Exhibit P7(a) TRUE COPY OF THE LETTER FROM 3RD RESPONDENT TO THE 1ST PETITIONER DATED 22.02.2023 - Exhibit P8 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.9078 OF 2023 DATED 04.04.2023 WP(C) No. 29312/2023 & 18050/2023 ## **32** Exhibit P9 TRUE COPY OF THE SAID ALTERNATE ALIGNMENT NO.1 FOR RING ROAD FROM NAVAIKULAM TO VELLALLOOR Exhibit P9(a) TRUE COPY OF THE REPLY FROM 7TH RESPONDENT DATED 12.05.2023 Exhibit P9(b) TRUE COPY OF THE REPLY FROM 7TH RESPONDENT DATED 17.04.2023 Exhibit P10 TRUE COPY OF OBJECTION SUBMITTED BY THE 2ND PETITIONER DATED 10.04.2023 Exhibit P10(a) TRUE COPY OF OBJECTION SUBMITTED BY THE 6TH PETITIONER DATED 10.04.2023 Exhibit P10(b) TRUE COPY OF OBJECTION SUBMITTED BY THE 11TH PETITIONER DATED 10.04.2023 Exhibit P11 TRUE COPY OF THE RELEVANT EXTRACT OF THE NOTIFICATION DATED 14.09.2006 IN S.O.1533(E) PUBLISHED IN THE GAZETTE OF INDIA-EXTRAORDINARY - RESPONDENT EXHIBITS Exhibit R3(C) The table showing the comparison between the old alignment and revised alignment Exhibit R3(A) Extract of relevant pages of Chapter 5 of Draft EIA Report - Exhibit R3(B) The Google Image showing the original alignment and the NHAI revised alignment ## WP(C) No. 29312/2023 & 18050/2023 ## **33** ## **APPENDIX OF WP(C) 29312/2023** ## PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 27.2.2023 IN THANDAPPER ACCOUNT NO.7351 IN THE NAME OF THE 1ST PETITIONER OBTAINED FROM THE ARUVIKKARA VILLAGE OFFICE - Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED 27.2.2022 IN THANDAPPER ACCOUNT NO.20445 IN THE NAME OF THE 2ND PETITIONER ISSUED FROM ARUVIKKARA VILLAGE OFFICE - Exhibit P3 TRUE COPY OF THE BASIC TAX RECEIPT DATED 12.7.2022 IN THANDAPPER ACCOUNT NO.7391 IN THE NAME OF THE 3RD PETITIONER ISSUED FROM ARUVIKKARA VILLAGE OFFICE - Exhibit P4 TRUE COPY OF THE APPLICATION FOR ASSESSMENT OF THE BUILDING IN THE NAME OF 1ST PETITIONER SUBMITTED BY 1ST PETITIONER BEFORE THE ARUVIKKARA PANCHAYATH DATED 28.05.2020 - Exhibit P5 TRUE COPY OF THE SKETCH Exhibit P6 TRUE COPY OF THE GROUP SKETCH SHOWING THE LOCATION OF FIELD NO.353 - Exhibit P7 TRUE COPY OF THE SATELLITE MAP Exhibit P8 TRUE COPY OF THE COMMUNICATION DATED 17.2.2023 ISSUED BY THE PUBLIC INFORMATION OFFICER TO THE PETITIONERS UNDER RIGHT TO INFORMATION ACT - Exhibit P9 TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFICATION DATED 28.10.2022 APPEARED IN MALAYALA MANORAMA - Exhibit P10 TRUE COPY OF THE OBJECTION DATED 05.01.2023 SUBMITTED BY THE 1ST PETITIONER TO PROJECT DIRECTOR **34** ## WP(C) No. 29312/2023 & 18050/2023 - Exhibit P11 TRUE COPY OF THE OBJECTION DATED 7.01.2023 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT - Exhibit P12 TRUE COPY OF THE OBJECTION DATED 14.11.2022 SUBMITTED BY 2ND PETITIONER BEFORE THE 2ND RESPONDENT - Exhibit P13 TRUE COPY OF THE OBJECTION DATED 05.01.2023 SUBMITTED BY 2ND PETITIONER BEFORE THE 1ST RESPONDENT - Exhibit P14 TRUE COPY OF THE OBJECTION DATED 07.01.2023 SUBMITTED BY 2ND PETITIONER BEFORE THE 2ND RESPONDENT - Exhibit P15 TRUE COPY OF THE OBJECTION DATED 07.01.2023 SUBMITTED BY 2ND PETITIONER BEFORE THE 2ND RESPONDENT - Exhibit P16 TRUE COPY OF THE OBJECTION DATED 05.01.2023 SUBMITTED BY 3RD PETITIONER BEFORE THE 1ST RESPONDENT - Exhibit P17 TRUE COPY OF THE OBJECTION DATED 07.01.2023 SUBMITTED BY THE 3RD PETITIONER BEFORE THE 2ND RESPONDENT - Exhibit P18 TRUE COPY OF THE PETITION DATED 21.2.2023 SUBMITTED BY 1ST PETITIONER BEFORE THE PRINCIPAL SECRETARY - Exhibit P19 TRUE COPY OF THE PETITION DATED 21.2.2023 SUBMITTED BY 2ND PETITIONER BEFORE THE PRINCIPAL SECRETARY - Exhibit P20 TRUE COPY OF THE PETITION DATED 21.2.2023 SUBMITTED BY 3RD PETITIONER BEFORE THE PRINCIPAL SECRETARY - Exhibit P21 TRUE COPY OF THE POSTAL RECEIPTS ISSUED WITH RESPECT TO THE PETITION WP(C) No. 29312/2023 & 18050/2023 **35** SUBMITTED BY THE PETITIONERS BEFORE THE REPONDENTS Exhibit P22 TRUE COPY OF THE PETITION DATED 16.11.2022 SUBMITTED BY SRI. SENTHIL.S. BEFORE THE 2ND RESPONDENT Exhibit P23 TRUE COPY OF THE OBJECTION DATED 09.01.2023 FILED BY SENTHIL S ON 09.01.2023 BEFORE THE 2ND RESPONDENT Exhibit P24 TRUE COPY OF THE OBJECTION FILED BY SMT. CHANDRIKA.S. DATED 16.11.2022 BEFORE THE 2ND RESPONDENT Exhibit P25 TRUE COPY OF THE OBJECTION FILED BY ONE CHELLAPPAN PILLAI ON 16.11.2022 BEFORE THE 2ND RESPONDENT Exhibit P26 TRUE COPY OF THE OBJECTIONS FILED BY SRI. CHELLAPPAN PILLAI ON 09.01.2023 BEFORE THE 2ND RESPONDENT Exhibit P27 TRUE COPY OF THE SKETCH PREPARED BY KITCO LTD. FOR RESPONDENTS Exhibit P27(a) TRUE COPY OF THE SKETCH PREPARED BY KITCO LTD. FOR RESPONDENTS Exhibit P27(b) TRUE COPY OF THE SKETCH PREPARED BY KITCO LTD. FOR RESPONDENTS Exhibit P27(c) TRUE COPY OF THE SKETCH PREPARED BY KITCO LTD. FOR RESPONDENTS Exhibit P27(d) TRUE COPY OF THE SKETCH PREPARED BY KITCO LTD. FOR RESPONDENTS Exhibit P28 TRUE COPY OF LETTER DATED 07.01.2023 SENT BY SMT. SUNITHA AMMA.D. TO 2ND RESPONDENT Exhibit P29 TRUE COPY OF THE POSTAL RECEIPT WITH REGARD TO EXHIBIT-P28 Exhibit P30 TRUE COPY OF NOTICE DATED 10.01.2023 ISSUED TO THE 1ST PETITIONER Exhibit P31 TRUE COPY OF THE JUDGMENT IN W.P NO.9028/2023 OF THIS HONBLE COURT. Exhibit P32 TRUE COPY OF THAT PROCEEDING NO.B1.934/2002 DATED 05-06-2023 OF WP(C) No. 29312/2023 & 18050/2023 **36** - THE 2ND RESPONDENT - Exhibit P33 TRUE COPY OF THE OBJECTIONS AND HEARING NOTE SUBMITTED BY THE 1ST PETITIONER - Exhibit P34 TRUE COPY OF THE OBJECTIONS AND HEARING NOTE SUBMITTED BY THE 2ND PETITIONER - Exhibit P35 TRUE COPY OF THE OBJECTIONS AND HEARING NOTE SUBMITTED BY THE 3RD PETITIONER - Exhibit P36 TRUE COPY OF THE RELEVANT EXTRACT OF THE CENTRAL GOVT NOTIFICATION DATED 22.08.2013 IN S.O NO 2559(E) DATED 14.09.2006 - Exhibit P37 TRUE COPY OF THE RELEVANT PAGES OF THE GUIDE LINES FOR LAND ACQUISITION OF NATIONAL HIGH WAYS UNDER THE NATIONAL HIGHWAYS ACT 1956, PUBLISHED BY GOVT OF INDIA - Exhibit P38 TRUE COPY OF THAT LETTER DATED 27.05.2023 SENT BY THE PETITIONER TO THE 2ND RESPONDENT - Exhibit P39 TRUE COPY OF THE REPLY DATED 13.06.2023 OF THE 2ND RESPONDENT - Exhibit P40 TRUE COPY OF PETITION DATED 22.05.2023 SUBMITTED BEFORE THE 2ND RESPONDENT - Exhibit P41 TRUE COPY OF THE REPLY DATED 07.06.2023 ISSUED BY THE 2ND RESPONDENT - Exhibit P42 TRUE COPY OF THAT LETTER DATED 15.05.2023 RECEIVED BY 3RD PETITIONER - ..