High Court of KeralaDivision BenchWrit petitions disposed; interim orders to cont...

W.P.(C) Nos.13037, 13371 & 13683 of 2020

Case / Petition Number:W.P.(C).Nos.13037, 13371 & 13683 of 2020

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • C. T. Ravikumar
  • K. Haripal
Judgment Date
2021-01-19
Court Decision / Holding
The writ petitions are disposed of by directing the 3rd respondent (Special Deputy Collector, LA (NH)) to consider the objections filed by petitioners and the stand of NHAI, hear them, and pass appropriate orders under Section 3D of the National Highways Act in respect of CH 530+800 and CH 530+900. No declaration under Section 3D shall be issued until such consideration and hearing, and the interim order already in place will continue until a decision is taken, expected within one month of receipt of a copy of the judgment.
Final Disposition
Writ petitions disposed; interim orders to continue; require the competent authority to consider objections and hear before issuing 3D declaration within one month; no declaration issued yet.

Parties to the Case

Appellants / Petitioners

  • Travancore Devaswom Board
  • HH Gouri Parvathi Bai
  • HH Gouri Lakshmi Bai
  • Thiruvarattukavu Devi (perpetual minor) represented by Asok Kumar K
  • Renjith R

Respondents

  • National Highways Authority of India (NHAI)
  • Project Director, National Highways Authority of India (PIU)
  • Special Deputy Collector, Land Acquisition (NH)
  • Additional Tahsildar, LA (NH)
  • Travancore Devaswom Board
  • Devaswom Commissioner
  • State of Kerala
  • Union of India
  • Secretary, Ministry of Road Transport and Highways (MoRTH)
  • NHAI PIU TVM

Legal Representation & Advocates

Counsels for Petitioners

  • • G. Biju, Senior Counsel
  • • K. S. Hariharaputhran
  • • Sethuram Dharmapalan
  • • Rajesh S. Subrahmanian
  • • Banu Thilak
  • • C. R. Reghunathan
  • • B. Harrylal

Counsels for Respondents

  • • G. Biju, SC
  • • T. K. Anandakrishnan
  • • Mathews K. Philip
  • • P. Vijayakumar, Additional Solicitor General

Case Synopsis & Summary

These intertwined writ petitions challenge Ext.P2 notification under Section 3A(1) of the National Highways Act, 1956 for the proposed acquisition of property of Thiruvarattukavu Devi Temple at Attingal to facilitate widening of NH-66 (Attingal By-Pass). The temple is a centuries-old religious site, regarded as the family deity of the Travancore Royal Family, with sacred elements like Pattupura, Seevelippatha, Anakkottil and Kannimoola whose destruction would purportedly affect the temple’s vitality (Kshethra Chaithanyam). Petitioners argue the realignment between CH 530+800 and CH 530+900 would cause greater damage than the original alignment, potentially affecting the temple’s main structures and deities, and appears tainted by personal interests. They urge consideration of objections under Sections 3C and 3D and a hearing before declaration under Section 3D. Respondents contend that judicial review of National Highways land acquisitions is very limited and rely on reports that the designed alignment minimizes damage to religious structures. The court, applying authorities like Kushala Shetty and Krishnamoorthy, acknowledges the limited scope of interference but clarifies it is not absolute. It directs the competent authority to consider the petitioners’ objections and the NHAI stand, permit a hearing, and pass orders under Section 3D within a month, keeping interim orders in force until then.

Provisions of Law Cited

Section 3A(1) of the National Highways Act, 1956Section 3C of the National Highways Act, 1956Section 3D of the National Highways Act, 1956

Legal Doctrines & Maxims

  • Interference with land acquisitions for National Highways is very limited; courts normally do not sit as a court of appeal in such matters.
  • Mala fides and fraud of statute can justify interference in rare cases or when the acquisition is ex facie contrary to the mandate of law.
  • Ex facie contrary to the mandate of law; the court’s power to interfere is limited and not absolute.
  • Public purpose and reasonableness standards govern the exercise of powers under the National Highways Act, with authority to interfere being exceptional rather than routine.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contended that Ext.P2 notification under Section 3A(1) of the National Highways Act was issued to acquire temple property for NH-66 Attingal By-Pass, threatening the Thiruvarattukavu Temple’s sacred structures and the temple’s vitality. They asserted that the alignment realignment (between CH 530+800 and CH 530+900) would damage critical temple assets such as Pattupura, Seevelippatha, Anakkottil and Kannimoola, violating religious sentiments and Kshethra Chaithanyam. They argued earlier objections filed in 2016 were not adequately considered and that Section 3C hearing rights had to be observed before issuing a declaration under Section 3D. They urged a merit-oriented review of the alignment with due process, including hearing the objections and the stand of NHAI, before any declaration is made.

Contentions of Respondents

The respondents argued that judicial review in NH land acquisitions is highly restricted; courts should not substitute their judgment for the expert studies and DPR reports. They claimed the DP consultant SMEC India’s assessment shows the alignment minimizes damage to the temple and main structures, and shifting right would affect additional properties and cost. They contended that Section 3C proceedings and Section 3D declarations are procedural steps that require careful consideration, but that courts typically defer to the expertise of engineers and planners. They relied on Union of India v. Kushala Shetty and Project Director v. Krishnamoorthy to emphasize limited interference, asserting that a decision to acquire land for highways is not easily annulled absent malafides, arbitrary action, or deviation from legal requirements.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Union of India v. Kushala Shetty and Ors.(2011) 12 SCC 69PositiveCited to emphasize that judicial review in highway land acquisitions is limited and not ordinarily expansive.
Project Director, Project Implementation Unit v. P.V. Krishnamoorthy and Ors.MANU/SC/0924/2020PositiveCited to reinforce the principle of limited court interference in NH project acquisitions and to support the court’s approach in the present case.

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Extracted Judgment Text

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## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR** ## **&** **THE HONOURABLE MR. JUSTICE K.HARIPAL** **TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942** **WP(C).No.13037 OF 2020(D)** ## **PETITIONER:** **TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, DEVASWOM HEAD QUARTERS, NANTHENCODE, THIRUVANANTHAPURAM-695 011.** **BY ADV. SHRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD** ## **RESPONDENTS:** - **1 NATIONAL HIGHWAYS AUTHORITY OF INDIA, G5 AND G6, SECTOR 10, DWARAKA, NEW DELHI-110 075, REPRESENTED BY ITS CHAIRMAN.** - **2 THE PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT, THIRUVANANTHAPURAM, T.C 36/414 (3), NEAR NSS HIGHER SECONDARY SCHOOL, PALKULANGARA, PETTA (PO), THIRUVANANTHAPURAM-695 024.** - **3 THE SPECIAL DEPUTY COLLECTOR/COMPETENT AUTHORITY,LAND ACQUISITION (NH), KUDAPPANAKKUNU P.O. THIRUVANANTHAPURAM-695 043. R1 & R2 BY S.C. SRI.MATHEWS K.PHILIP R3 BY SR. G.P.SRI.T.K.ANANDAKRISHNAN** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.01.2021, ALONG WITH WP(C).13371/2020(V)& WP(C).13683/2020(I), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 2 W.P.(C)Nos.13037, 13371 & 13683 of 2020 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR** ## **&** **THE HONOURABLE MR. JUSTICE K.HARIPAL** **TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942** ## **WP(C).No.13371 OF 2020(V)** ## **PETITIONES:** **1 H.H.GOURI PARVATHI BAYI AGED 78 YEARS W/O CRR VARMA KOWDIAR PALACE, THIRUVANANTHAPURAM-695 003. 2 H.H.GOURI LAKSHMI BAYI, AGED 73 YEARS W/O R.R.VARMA KOWDIAR PALACE, THIRUVANANTHAPURAM-695 003.** **BY ADVS. SRI.K.S.HARIHARAPUTHRAN SRI.SETHURAM DHARMAPALAN SRI.RAAJESH S.SUBRAHMANIAN SMT.BHANU THILAK** ## **RESPONDENTS:** **1 TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANDANCODE, THIRUVANANTHAPURAM-695 002. 2 DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANDANCODE, THIRUVANANTHAPURAM-695 002.** 3 W.P.(C)Nos.13037, 13371 & 13683 of 2020 - **3 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY , GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.** - **4 SPECIAL DEPUTY COLLECTOR, LA-NH, THIRUVANANTHAPURAM-695 002.** - **5 UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, CENTRAL SECRETARIAT, NEW DELHI-110 001.** - **6 NATIONAL HIGHWAYS AUTHORITY OF INDIA, (MINISTRY OF ROAD TRANSPORT AND HIGHWAYS), PROJECT IMPLEMENTATION UNIT, TC 36/414(5), KOYIKKAL VEEDU, KAVU LANE, PALKULANGARA, THIRUVANANTHAPURAM-695 024. REPRESENTED BY PROJECT DIRECTOR, NHAI-PIU-TVM.** - **R1-2 BY SRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD R3 & R4 BY SR.G.P.SRI.T.K.ANANDAKRISHNAN R6 BY S.C.SRI.MATHEWS K.PHILIP R5 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.01.2021, ALONG WITH WP(C).13037/2020(D)& WP(C).13683/2020(I), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 4 W.P.(C)Nos.13037, 13371 & 13683 of 2020 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR** ## **&** **THE HONOURABLE MR. JUSTICE K.HARIPAL** **TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942** ## **WP(C).No.13683 OF 2020(I)** ## **PETITIONERS:** - **1 THIRUVARATTUKAVU DEVI (A PERPETUAL MINOR) REP.BY ASOK KUMAR.K,A DEVOTEE, MUTTATTILVEEDU,KOLLAMPUZHA, ATTINGAL.P.O, THIRUVANANTHAPURAM-695101.** - **2 RENJITH.R, R.R.BHAVAN,KOLLAMPUZHA, ATTINGAL.P.O, THIRUVANANTHAPURAM-695101.** **BY ADVS. SRI.C.R.REGHUNATHAN SRI.B.HARRYLAL** ## **RESPONDENTS:** - **1 UNION OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, PARIVAHANBHAVAN,PARLIAMENT STREET, NEW DELHI-110001.** - **2 NATIONAL HIGH WAY AUTHORITY OF INDIA,(NHAT), G-5 AND 6,DWARAKA SECTOR-10,NEW DELHI-110075, REPRESENTED BY ITS CHAIRMAN.** 5 W.P.(C)Nos.13037, 13371 & 13683 of 2020 **3 SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY(LANH), OFFICE OF LA (NH)OFFICE,CIVIL STATION, COLLECTORATE,KUDAPPANAKKUNNU.P.O, THIRUVANANTHAPURAM-695043.** - **4 ADDITIONAL TAHSILDAR,LA(NH), OFFICE OF LA(NH)OFFICE,CIVIL STATION, COLLECTORATE,KUDAPPANAKKUNNU.P.O, THIRUVANANTHAPURAM-695043.** - **5 TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, DEVASWOM BOARD HEAD QUARTERS, NANTHANKODE,KAWDIYAR.P.O, THIRUVANANTHAPURAM-695003.** **R1 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA R2 BY S.C.SRI.MATHEWS K.PHILIP R3-4 BY SR. G.P. SRI.T.K.ANANDAKRISHNAN R5 BY SRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.01.2021, ALONG WITH WP(C).13037/2020(D)& WP(C).13371/2020(V), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 6 W.P.(C)Nos.13037, 13371 & 13683 of 2020 ## **JUDGMENT** ## **Ravikumar, J.** The issues involved in these writ petitions are intertwined and interrelated and hence they were considered jointly and are being disposed of by this common judgment. The petitioners allege arbitrariness and illegality in Ext.P2 notification issued under Section 3A(1) of the National Highways Act, 1956 (for short 'The Act'), proposing acquisition of the property belonging to Thiruvarattukavu Devi Temple having an extent of 44.52 Ares comprised in Survey No.642 of Attingal Village for widening of NH-66 viz., Attingal By Pass. The property is located in between the sector CH.530+800 and CH.530+900. They also allege hasty action to finalise the declaration under Section 3D of the Act without considering their objections. Their actual grievance is against the realignment in between the aforesaid chainage in such a manner adversely affecting the rights of Thiruvarattukavu Devi Temple in Attingal under Varkala Group which is an ancient temple constructed more than 700 years back. It is the 'family deity' (പരദ�വത) of the Travancore Royal Family where ' _Ariyittu Vazhcha_ ', which is a ritual being performed from time immemorial. It is further contended that in case the realignment as proposed is accomplished it would cause acquisition of temple properties including 7 W.P.(C)Nos.13037, 13371 & 13683 of 2020 the ' _Pattupura_ ', ' _Seevelippatha_ ', ' _Anakkottil_ ' and ' _Kannimoola_ ' of the temple. According to the faith of Hindus any kind of destruction of _Kannimoola_ of the temple amounts to mutilation of the limb of the 'God of Housing'. They would allege change of alignment at the instance of a retired Deputy Tahsildar in respect of the very same project, of course, in respect of another sector, made with a view to save his property. They would also contend that if the original proposal in regard to the acquisition of the property of the temple was pursued with it would have caused only less damage to the temple than the present proposal, in the sense that it would have caused only acquisition of a lesser extent of the property belonging to the temple. It is the further contention that if acquisition as now proposed under Ext.P2 is finalised it would virtually lead to loss of liveliness of the temple ( _Kshethra Chaithanyam_ ). It is in the said circumstances that the Travancore Devaswom Board as also the other writ petitioners in unison raised grievances in regard to the proposal in the notification issued under Section 3A(1) of the Act with a view to save acquisition of ' _Pattupura_ ', ' _Seevelippatha_ ', ' _Anakkottil_ ' and ' _Kannimoola_ ' of the temple. 2. We have heard the learned counsel for the petitioners, - the learned Standing Counsel appearing for National Highways Authority of India and the Project Director of National Highways Authority of India as also the learned Government Pleader appearing 8 W.P.(C)Nos.13037, 13371 & 13683 of 2020 for the competent authority viz., Special Deputy Collector, Land Acquisition (NH). 3. A counter affidavit has been filed on behalf of respondents 1 and 2 viz., National Highways Authority of India and the Project Director of National Highways Authority of India and a statement was filed on behalf of the third respondent, the competent authority. In the counter affidavit filed by respondents 1 and 2 it is stated that earlier the DPR consultant for the project viz., M/s.SMEC India Private Limited was directed to submit a report on the aforesaid issues raised in the writ petitions and they submitted a report after conducting a site inspection on the following lines:- - “1. Thiruvarattukavu temple is located at 530+800 Left Hand Side of the Project road. The alignment is designed in such a way that there is no damage to the main temple building. Only the small portion of compound wall and small portion at the corner is affected. Main temple building is not at all affected. 2. If the alignment is shifted towards Right Hand Side at Thiruvarattukavu temple location (CH:530+800), then the temple on Right Hand Side at CH: 530+900 as well as about 10 more residential buildings in Right Hand Side will get affected. At present, the main structures of both the temples are not affected. 3. Moreover if any shift in alignment towards Right Hand Side is made, it will affect more than 500 meters beyond that 500 mts forward from temple location. This will ultimately result increase in number of residential buildings affected hence the overall cost will upsurge. 9 W.P.(C)Nos.13037, 13371 & 13683 of 2020 4. The alignment was designed without doing any damage to the main temple structures. This was followed in case of all religious structures throughout the project corridor as directed by the State Government to the maximum possible extent. The design was done by following all applicable technical specification and design parameters.” 4. Going by the report the alignment is decided in such a way that only a small portion of the compound wall and small portion of the corner of the temple would be affected. At the same time, it is further stated that if the alignment is shifted towards right at Thiruvarattukavu temple location then another temple on the right hand side at CH: 530+900 as well as 10 more residential buildings in right hand side would get affected. Above all, it is stated that if acquisition is affected as proposed it would not affect the main structures of the temple. At the same time, the report is conspicuously silent as to which part/parts of the temple would be affected if acquisition is effected as proposed. It is also stated in the report that any shifting in the alignment would compel the authorities to acquire acquisition of properties about 500 metres beyond and 500 metres forward from temple location. In the circumstances, the learned Standing Counsel for respondents 1 and 2 submitted that at this point of time no interference at the instance of the petitioners is possible and permissible and to support the stand relied on the decisions of the Hon'ble Apex Court in **Union of India** v. **Dr.Kushala Shetty and** 10 W.P.(C)Nos.13037, 13371 & 13683 of 2020 ## **others [(2011) 12 SCC 69]** as also in **The Project Director, Project Implementation Unit** v. **P.V.Krishnamoorthy and Ors. (MANU/SC/0924/2020).** 5. The learned Standing Counsel drew our attention to paragraph 24 of the decision in **Dr.Kushala Shetty's** case (supra) to canvass the position that the scope of interference in respect of acquisition of properties for the purpose of National Highways is very limited. Virtually, the decision in **P.V.Krishnamoorthy's** case (supra) also reiterated the same position. True that going by the position laid down in those decisions scope of interference in respect of acquisition for the purpose of National Highways, is very minimal. At the same time, a scanning of the aforesaid decisions would reveal that the Apex Court had not laid down a law making any interference in the matter of acquisition for National Highways absolutely impossible or impermissible. In fact, the learned counsel also did not canvass such a position. True that, when National Highways Authority implements projects relating to development and maintenance of National Highways after thorough study by experts in different fields the Courts are not at all equipped to decide upon the viability and feasibility of the particular project overruling such studies. Respondents 1 and 2 are therefore justified in taking a stand relying on the decisions **Dr.Kushala Shetty's** case (supra) and in **Krishnamoorthy's** case (supra) that the scope of 11 W.P.(C)Nos.13037, 13371 & 13683 of 2020 judicial review in such circumstances will be very limited. It is to be noted that the Apex Court held that Courts could nullify the acquisition of land in rarest of rare cases in respect of any particular project, if it is found to be ex-facie contrary to the mandate of law or tainted due to mala fides. The Apex Court also held that the Courts shall not ordinarily interfere with such acquisition unless the power is being exercised malafide or for collateral purposes or the decision is dehors the Act, irrational or otherwise unreasonable or so-called purpose is not public purpose at all and fraud of statute is manifest. In other words, it is held that Courts shall not sit over such decisions as a Court of appeal. Bearing in mind the aforesaid decisions as also the contentions of respondents 1 and 2, which are virtually endorsed by the third respondent we will consider the contentions of the petitioners. 6. At the very outset it is to be noted that as relates the location in question only a notification under Section 3A(1) of the Act was published and declaration under Section 3D of the Act is yet to be published. We have already taken note of the fact that one of the contentions of the petitioners is that before reaching the sector in question (CH: 530 + 800 and CH:530 + 900) in respect of the same project corridor while going on with the acquisition proceedings alignment was changed when it was found that the then proposed alignment in respect of that location would affect property belonging to 12 W.P.(C)Nos.13037, 13371 & 13683 of 2020 a retired Revenue Officer. Along with the writ petition filed by the Travancore Devaswom Board viz., W.P.(C)No.13037 of 2020 a Note of the District Collector dated 20.6.2016 is produced as Ext.P13. Paragraph 1 of the aforesaid Note assumes relevance in this context. It is stated therein thus:- - “1. At Kazhakkoottam, the official assisting the NHAI, one Shri.Rajappan Nair, who was a Deputy Tahsildar in revenue department owns a three storied building worth crores of rupees on the eastern side of the road. This structure remains untouched and half of the mosque opposite to his property is to be demolished and land acquired. This has created heavy protest against land acquisition from the public in this stretch.” (underline supplied) As per the said Note vast tract of Government land on the side of the existing National Highway are not seen included in the alignment and on the other hand, Patta land on the opposite side alone has been included. To exemplify the same reference was made in respect of locations at Kadambattukonam and Kaniyapuram. It is thus obvious that whatever be the reason in respect of the project in question during the course of acquisition realignment was effected deviating from the original proposal. That apart, it would reveal that what is contained in the report of M/s.SMEC India Private Limited relating the direction of the State Government to design the alignment without doing any damage to religious structures, was not adhered to, at Kazhakkoottam and the same situation is likely to occur in the present 13 W.P.(C)Nos.13037, 13371 & 13683 of 2020 location as well. The very case of the Travancore Devaswom Board is that in respect of the location in question but for the realignment proposed under Ext.P2 acquisition as proposed, if pursued, would have caused only lesser damage to the properties belonging to the temple. However, if the presently proposed alignment is proceeded with, it would cause acquisition of ' _Pattupura_ ', ' _Seevelippatha_ ', ' _Anakkottil_ ' and ' _Kannimoola_ ' in the south western corner of the temple. Going by the faith of Hindus damage or destruction of the aforesaid structures would diminish and destroy ' _Kshethra Chaithanyam_ ' viz., liveliness. 7. The contention of the petitioners is that if the earlier alignment was proceeded with in respect of the location in question it would have avoided acquisition of _Kannimoola_ as also the aforementioned important structures of the temple. It would reveal that the Travancore Devaswom Board as also the other petitioners are not totally against the acquisition of the properties for the purpose of NH-66 at Attingal By Pass. The report of M/s.SMEC India Private Limited, extracted hereinbefore, reveals the stand of the State Government in regard to religious structures and also the stand of the DPR consultant while designing the alignment. However, the Note of the District Collector referred to would indicate their infraction, seemingly, in avoidable circumstances. Be that as it may, here, declaration under Section 3D of the Act is yet to be made. According to 14 W.P.(C)Nos.13037, 13371 & 13683 of 2020 the petitioners, the earlier realignment, if finalised would have caused only minimum damage to the properties of the temple and at any rate, it would not have caused damage to the aforementioned structures of the temple including _Kannimoola._ It is the specific case of the Travancore Devaswom Board that as early as in 2016 itself they filed an objection which was not actually taken up and considered. In this context it is also relevant to refer to Section 3C of the National Highways Act that deals with 'hearing of objections' pursuant to the issuance of notification under Section 3A(1) of the Act. It is also a fact that in the aforesaid sector in respect of the property in question and the nearby places declaration under Section 3D of the Act is yet to be made. In other words, in respect of places covering CH:530 + 800 and CH:530 + 900 it is not published. When that be the circumstances, we are of the view that without making any observation touching the merits of the contentions, taking note of the purpose of the provision under Section 3C of the National Highways Act, it is only proper to direct the third respondent, the competent authority to consider the objections of the petitioners as also the stand of the National Highways Authorities viz., respondents 1 and 2 in W.P.(C)No.13037 of 2020 for resisting the aforesaid contentions before issuing declaration under Section 3D of the Act. 15 W.P.(C)Nos.13037, 13371 & 13683 of 2020 8. In view of what is stated above, the third respondent is directed to consider the objections filed by the petitioners including the Travancore Devaswom Board as also the stand of the National Highways Authority of India as also its Project Director before issuing declaration under Section 3D of the Act in respect of places covering CH: 530 + 800 and CH: 530 + 900. The aforesaid parties shall also be given an opportunity of being heard. After considering such objections appropriate orders thereon shall be passed expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. Till such a decision is taken by the competent authority under Section 3C of the Act no further steps shall be taken in respect of the sector viz. CH: 530 + 800 and CH: 530 + 900 and it is made clear that till such a decision is taken the interim order passed in these writ petitions, will continue to be in force. The writ petitions are disposed of as above. Sd/- **C.T.RAVIKUMAR Judge** Sd/- **K.HARIPAL Judge** TKS W.P.(C)Nos.13037, 13371 & 13683 of 2020 16 ## **APPENDIX OF WP(C) 13037/2020** **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTION OF THE SETTLEMENT REGISTER OF ATTINGAL VILLAGE** - **EXHIBIT P2 TRUE COPY OF RELEVANT PORTION OF THE NOTIFICATION DATED 28.1.2020 PUBLISHED IN MATHRUBHOOMI DAILY DATED 14.3.2020** - **EXHIBIT P3 TRUE COPY OF OBJECTION DATED 5.6.2020 SUBMITTED BY PETITIONER TO THE 3D RESPONDENT** - **EXHIBIT P4 TRUE COPY OF SURVEY SKETCH** - **EXHIBIT P5 TRUE COPY OF ROUGH PLAN PREPARED BY THE HEAD SURVEYOR OF THE BOARD** - **EXHIBIT P6 TRUE COPY OF HEARING NOTICE ISSUED BY 3RD RESPONDENT TO THE PETITIONER BOARD DATED 11.6.2020** - **EXHIBIT P7 TRUE COPY OF RELEVANT PORTION OF THE INWARD REGISTER KEPT IN THE OFFICE OF THE PETITIONER** - **EXHIBIT P8 TRUE COPY OF HEARING NOTE SUBMITTED BEFORE THE 3RD RESPONDENT BY PETITIONERS DATED 24.6.2020** - **EXHIBIT P9 TRUE COPY OF RELEVANT PORTION OF THE NOTIFICATION DATED 8.6.2018 PUBLISHED IN MATHRUBHOOMI DAILY DATED 29.6.2018.** - **EXHIBIT P10 TRUE COPY OF OBJECTION SUBMITTED TO THE 2016 NOTIFICATION DATED 4.7.2016 BY PETITIONER** - **EXHIBIT P11 TRUE COPY OF OBJECTION SUBMITTED TO THE 2016 NOTIFICATION DATED 20.4.2017 BY PETITIONER** - **EXHIBIT P12 TRUE COPY OF REQUEST DATED 8.7.2019 GIVEN TO THE SECRETARY TO THE MINISTER FOR P.W.D TO EXEMPT THE TEMPLE PROPERTY FROM ACQUISITION FOR ATTINGAL BY-PASS** 17 W.P.(C)Nos.13037, 13371 & 13683 of 2020 **EXHIBIT P13 TRUE COPY OF THE NOTE SUBMITTED BY THE DISTRICT COLLECTOR DATED 20/6/2016** ## **RESPONDENTS' EXHIBITS:** **EXHIBIT R1(a) TRUE COPY OF THE ALIGNMENT SKETCH OF GOOGLE IMAGE** **EXHIBIT R3(a) TRUE COPY OF THE OBJECTION BEARINGNO.ROC. 18826/18/L DATED 04.06.2020 SUBMITTED BY THE DEVASWOM COMMISSIONER.** **EXHIBIT R3(b) TRUE COPY OF THE NOTICE DATED 11.06.2020 ISSUED BY THE SPECIAL DEPUTY COLLECTOR, LA (NH) ADDRESSED TO THE TRAVANCORE DEVASWOM BOARD.** - **EXHIBIT R3(c) THE TRUE COPY OF THE LETTER NHAI/PIUTVM/404/2020/469 DATED 23.06.2020 FORWARDING COPY OF THE DETAILED PROJECT REPORT CONSULTANT TO THE SPECIAL DEPUTY COLLECTOR LA (NH) WITH RELEVANT PAGE OF THE TECBNICAL REPORT.** **EXHIBIT R3(d) THE TRUE COPY OF THE REQUEST SUBMITTED BY THE DEVASWOM BOARD BEARING NO.ROC 17932/2018/LAND DATED 23.06.2020.** **EXHIBIT R3(e) THE TRUE COPY OF THE OBJECTION OF THE DEPUTY COMMISSIONER, TRAVANCORE DEVASWOM BOARD DATED 24.06.2020.** **EXHIBIT R3(f) THE TRUE COPY OF THE PROCEEDINGS ISSUED BY THE 3RD RESPONDENT DATED 29.06.2020.** 18 W.P.(C)Nos.13037, 13371 & 13683 of 2020 ## **APPENDIX OF WP(C) 13371/2020** **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE NOTIFICATION PUBLISHED IN THE MATHRUBHUMI DAILY DATED 14.3.2020** **EXHIBIT P2 TRUE COPY OF THE SKETCH SHOWING THE ALIGNMENT EXHIBIT P3 TRUE COPY OF THE OBJECTIONS DATED 4.6.2020 FILED BY THE 2ND RESPONDENT BEFORE THE 4TH RESPONDENT** **EXHIBIT P4 TRUE COPY OF THE RECEIPT DATED 5.6.2020 ISSUED BY THE 4TH RESPONDENT** **EXHIBIT P5 TRUE COPY OF THE LETTER OF THE THANTHRI DATED 9.7.2018** 19 W.P.(C)Nos.13037, 13371 & 13683 of 2020 ## **APPENDIX OF WP(C) 13683/2020** ## **PETITIONERS' EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTIONS OF THE FIRST NOTIFICATION DATED 16/02/2010 OF SY.642 OF ATTINGAL VILLAGE.** **EXHIBIT P2 TRUE COPY OF THE RELEVANT PORTIONS OF NOTIFICATION DATED 27/3/2012 EXHIBIT P3 TRUE COPY OF THE RELEVANT PORTIONS OF NOTIFICATION DATED 14/3/2020 EXHIBIT P4 TRUE COPY OF THE OBJECTION DATED 19/3/2020 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT** **EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 21/03/2020 EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 4/6/2020 SUBMITTED ON BEHALF OF 4TH RESPONDENT EXHIBIT P7 TRUE COPY OF THE NOTICE NO.B1-231/2020 DATED 9/6/2020** TKS