NATIONAL HIGHWAY AUTHORITY OF INDIA Vs. RAJU

JUDGEMENT

(1.) This writ appeal is filed by respondents 1 and 2 in W.P. (C)No.22852 of 2021 challenging the judgment of the learned single Judge dtd. 3/11/2021. The subject issue relates to the acquisition of a property belonging to the first respondent/writ petitioner and a building situated in the said property. The reliefs sought for by the petitioner in the writ petition were, that Exhibit P4 order passed by the National Highways Authority dtd. 26/7/2021 notifying that if any house/structure is acquired after paying the full compensation the entire building should be demolished; to issue a writ of mandamus directing respondents 2 to 4 ie., the Deputy General Manager (T) & Project Director, National Highways Authority of India, Kozhikode; the District Collector, Kannur and the Special Tahsildar, Land Acquisition Officer, Kannur, to limit the acquisition, destruction etc. only to those portion of the property covered under the notification and to those property for which award has been passed as per Exhibit P1 award notice dtd. 1/3/2021 bearing No.A1- 7/2012(10)(LAC No.5050) passed by the Special Tahsildar, Land Acquisition Officer, LA(NH) Unit-II, Collectorate, Kannur; to issue a writ of mandamus directing respondents 2 to 4 to stay away from the remaining portion of the property and the building comprised in Re Sy.No.27/8 of Muzhappilangad village, Kannur District and to declare that the respondents are not authorized to take over or destruct the portion of the residential house situated in the property, which was not the subject matter of the acquisition as per Exhibit P1 award.

(2.) The learned single Judge, after taking into account the submissions made by the writ petitioner and hearing the standing counsel for the National Highways Authority of India and assimilating the fact situations, held as follows:

(3.) The paramount contention advanced in the appeal is that the entire building situated in an extent of 0.93 Ares of property in Re Sy.No.27/8 of Muzhappilangad village was acquired along with the land in question. In fact, the acquisition notification was issued by the competent authority under the National Highways Act, 1956 to acquire the land measuring 0.93 Ares and the portion of the building situated in the said extent of land. However, the writ petitioner has made a request for acquisition of the entire building since if a portion is acquired and demolished the strength of the building would be lost.