IBRAHIM HAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner herein has filed this Writ Petition challenging the proposal of the respondents to construct a bus bay in front of his property. The contention of the petitioner is that, the proposed bus bay would block the entire road frontage of his property, thereby depriving him of the use of the rest of his property also. He had planned to construct an 18 storied building in the property, which would not be possible, it is contended.

(2.) THE petitioner along with 6 others are the absolute owners in possession of an extent of 59.55 cents of land comprised in Re -survey No.2.18 -678 (Survey No.86/2) of Kachery Village, Kozhikode Taluk. The property of the petitioner is very close to the Eranhipalam junction, a busy junction in Calicut city. The junction is only about 25 meters from the petitioner's property. His property faces the Eranhipalam -Karaparamba road, which extends from the south to north. The property is on the western side of the road.

(3.) IT is also contended by the petitioner that the Eranhipalam junction being the busiest junction in Kozhikode, construction of the bus bay at the junction itself would only aggravate the traffic congestion in the area. According to the petitioner, at present vehicles have to wait about 20 minutes during peak hours to pass the Eranhipalam junction. If a bus bay is constructed as proposed, the situation would only become worse. According to the petitioner, a bus bay should not be constructed close to a busy junction. Even if it is assumed that a bus bay is necessary, the same would have to be constructed after acquiring properties from both sides of the road, in equal proportions. Though the petitioner had submitted a representation, Ext.P2, to the respondents setting out his objections, he complains that, no orders have been passed thereon till date. Therefore, he has filed this Writ Petition seeking appropriate reliefs.