ABDUL LATHIF Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners have filed these writ petitions under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P1 notification issued by the 1st respondent under sub- section (1) of Section 3A of the National Highways Act, 1956 (for brevity, 'the NH Act'), which appeared in Malayala Manorama daily dated 26.06.2018 [which was published in the Official Gazette on 08.06.2018 vide S.O.2346 (E)], for acquiring land for the widening of National Highway-66. The common grievance of the petitioners in these writ petitions is that, Ext.P1 notification is vague as to the extent and other particulars of the properties required for acquisition and as such they are unable to assess the extent of loss that would result on account of acquisition of land, in order to claim adequate compensation.

(2.) Going by the averments in the respective writ petitions, the 1st petitioner in W.P.(C)No.39552 of 2018 is the owner of an extent of 0.8250 Ares of land in Survey Nos.237/1, 237/7B, 237/4, 197/6, 197/7B and 197/9 of Valappad Village in Thrissur District as per Sale Deed No.1617/1979 of Triprayar Sub Registry Office; the 2nd petitioner is the owner of an extent of 08.09 Ares in Survey No.237/1 of the same Village as per Sale Deed No.330/1975 of the same Sub Registry Office; the 3rd petitioner is the owner of an extent of 1.1 Ares of property in Survey No.237/1 of the same Village as per Sale Deed No.237/2012 of the same Sub Registry Office; the 1st petitioner in W.P.(C)No.28255 of 2018 is the owner of an extent of 26 Cents of land in Survey No.286/7 of Valappad Village in Thrissur District; the 2 nd petitioner and her sons are the owners of an extent of 11 1/2 Cents of land in Survey No.286/3; the 3rd petitioner is the owner of an extent of 16 1/2 Cents of land in Survey No.583/2; the 4th petitioner and his brothers are the owners of an extent of 25.90 Ares of property in Survey No.286/6A; the 5th petitioner is the owner of 20 cents of property in Survey No.583/2; the 6 th petitioner is the owner of an extent of 7.36 Ares of land in Survey No.286/5A2 and 2.63 Ares in Survey No.286/5A3; the 7th petitioner and one Muhammad Ali are the joint owners of properties having an extent of 10.19 Ares in Survey No.263/2, 0.44 Ares in Survey No.263/1, 8.70 Ares in Survey No.286/5B3, 1.472 Ares in Survey No.286/5A2 and 12.14 Ares in Survey No.583/2; the 8th petitioner and her husband are the co-owners of an extent of 6.48 Ares in Survey No.286/7, 7.28 Ares in Survey No.520/1 and 10.47 Ares in Survey No.259/5; the 1st petitioner in W.P.(C)No.30661 of 2018 is the owner of an extent of 7.69 Ares in Survey No.269/2 and an extent of 2.63 Ares in Survey No.269/3C of Valappad Village in Thrissur District; the 2 nd petitioner is the owner of an extent of 16.83 Ares split up of 02.02 Ares in Survey No.188/7B, 08.30 in Survey No.269/2, 0040 Ares in Survey No.269/3B, 01.62 Ares in Survey No.269/3C and 04.49 Ares in Survey No.296/6; the husband of the 3 rd petitioner is the owner of an extent of 14.57 Ares in survey No.286/7; the 1 st petitioner in W.P.(C)No.40470 of 2018 and other co-owners are having an extent of 4.05 Ares in Survey No.237/1 of Valappad Village in Thrissur District; the 2nd petitioner and other co-owners are having an extent of 02.02 Ares in Survey No.237/1; the 3 rd petitioner and other co-owners are having an extent of 0.0162 Ares in Survey No.237/5; the 4th petitioner is the owner of an extent of 02.02 Ares in Survey No.237/1; the 5 th petitioner is the owner of an extent of 1.62 Ares in Survey No.237/1, the 6 th petitioner is stated to be the owner of an extent of 1.78 Ares in Survey No.237/1; the 7th petitioner is the owner of an extent of

(3.) 58 Ares in Survey No.237/1; the 8th petitioner is the owner of an extent of 02.02 Ares in Survey No.237/5; the 9 th petitioner is residing in the properties in Survey No.237/1; the 10 th petitioner is the owner of an extent of 0.0324 Ares in Survey No.237/1; the 11th petitioner is the owner of an extent of 06.67 Ares in Survey No.237/1; the 12th petitioner is the owner of an extent of 008.8 Ares in Survey No.237/1; the 13th petitioner is the owner of an extent of 0.0162 Ares in Survey No.237/1; and the 14 th petitioner is the owner of an extent of 0.0162 Ares in Survey No.237/1. 3. When these writ petitions came up for admission, the Assistant Solicitor General of India took notice for respondents 1 and 2; the learned Government Pleader took notice for respondents 3, 4 and 6; and the learned Standing Counsel for the National Highway Authority of India (for brevity, 'the NHAI') took notice for the 5th respondent.