KUNJUMUHAMMED Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayers in the aforecaptioned Writ Petition (Civil) are as follows:

(2.) Heard Smt.N.S.Hasna Mol, learned counsel appearing for the petitioner, Sri.C.P.Pradeep, learned Government Pleader appearing for respondents 1 to 3, 7 & 8 and Sri.Thomas Antony, learned Standing Counsel for the NHAI appearing for respondent No.9 etc.

(3.) According to the petitioner, his property is sought to be acquired in land acquisition proceedings initiated by the competent authorities under the National Highway Act, 1956, for development and widening of National Highway 66 (old NH 17). The petitioner would essentially submit that there has been violations of the provisions contained in the Act in the matter of following the due procedure and that therefore there is clear infringement of the constitutional guarantee of right to property as per Art.300A of the Constitution of India. Several factual contentions are also made by the petitioner that the proposed alignment is illogical and that if a rational approach is taken to change the alignment, the number of parties affected by the acquisition proceedings will be much less and that the petitioner's property would thus be extended from the proposed acquisition proceedings etc.