VENUGOPALAN P. V. Vs. UNION OF INDIA

JUDGEMENT

(1.) Under challenge in these writ petitions are the notifications issued under Section 3A of the National Highways Act, 1956 ("the Act" for short) and the subsequent proceedings, which include the fixing of the alignment of the Koyilandy Bypass from Nandi to Chengottukadavu from km 214 to km 225 as part of four laning of NH- 66 from Thalappady km 17 to Vengalam km 230 in the State of Kerala.

(2.) For the sake of convenience, the pleadings and Exhibits in W.P. (C).No.35389 of 2019 shall be referred to.

(3.) The Central Government by Ext.P12 notification dated 08.11.2017 issued under Section 3A of the Act declared its intention to acquire land for the purpose of widening of NH-17 stretch starting from km 185.980 to km 260.200 in Kozhikode district. The substance of notification was published in two local newspapers as contemplated under the Act. The land under acquisition was surveyed and marked under Section 3B and the objectors were heard. Later, Ext.P14 declaration was issued under Section 3D of the Act on 27.12.2018, consequent to which the land vested in the Central Government. Thereafter Ext.P16 additional notification was issued under Section 3A of the Act on 08.03.2019 for clearly and exactly identifying the properties covered under the original notification. Ext.P16 however, did not involve any land which was not covered under Exhibit P12. Pursuant to the same, Ext.P17 public notice was issued under Section 3G(3) inviting claims from persons interested in the land to be acquired. Immediately thereafter the instant writ petitions were filed seeking the following reliefs: