K.N.BALAKRISHNAN NAIR Vs. MUVATTUPUZHA MUNCIPALITY

JUDGEMENT

(1.) THESE writ petitions are concerned with the acquisition of land for the purpose of widening the proposed bye pass connecting National Highway 49 at Kadathi to the M.C.Road at Muvattupuzha. The land belonging to the petitioners were surveyed for the aforesaid purpose. The main contention urged by the petitioners is that if the alignment of the bye pass is slightly deviated to the northern side of their property, the petitioners' property could be avoided and the property on the northern side which lies as Government puramboke land can be utilised for the purpose of the road without incurring any additional expenditure.

(2.) THE claim of the petitioners in W.P.C.No.31116 of 2011 is to revise the alignment of the bye pass nearby the Mureekal bridge towards the North to incorporate the puramboke land lying in Sy.No.387, 388 and 389. They seek for quashing Ext.P3 the alignment in so far as it relates to chainage 1170 to 600.

(3.) THE contention urged by the petitioners is that their property could be avoided and puramboke land can be taken if slight deviation is made in the alignment fixed.