LAWS(KER)-2018-6-580

ANILKUMAR Vs. UNION OF INDIA AND OTHERS

Decided On June 19, 2018
ANILKUMAR Appellant
V/S
UNION OF INDIA AND OTHERS Respondents

JUDGEMENT

(1.) The petitioner and his brother one Ajithnath are the absolute owners and in possession and enjoyment of an area of 10 Ares of property comprised in Re-Survey No. 391/18 of Kazhakoottam Village situated by the side of National Highway 47 at Kazhakkoottam Junction and on the western side of the road. The front portion of the said property is having a two storied shopping complex with 28 rooms of which the petitioner is the absolute owner in possession and enjoyment of an area of 4.98 Ares with 14 shop rooms and the petitioner's brother Ajithnath is the absolute owner in possession of the remaining area of 5.02 ares and the buildings thereon.

(2.) While so, the third respondents by Ext.P2 paper publication dated 09.03.2010, published notice under section 3A(1) of the National Highways Act expressing the intention to acquire lands in Kazhakkottam Village for the widening of NH47. It is further submitted that serial No. 133 in Ext. P2 relates to the intention to acquire an extent of 292.6 Square Meters from the lands comprised in Survey No. 391/18 of Kazhakkoottam Village. As per the notification the property of the petitioner and his brother had to be acquired to the extent of 4 metres width on the northern end, 6 Metres width on the southern end whereby portions of the shopping complex only had to be demolished. Petitioner has submitted Ext.P2 and was called for a hearing as per Ext.P3 on 04.04.2018 by the third respondent.

(3.) According to the petitioner, without taking any decision on the objection submitted by the petitioner, now attempts are being made to acquire more property than what is notified under Ext.P2 notification. Thus petitioner seeks following directions in the writ petition:-