GOPINATHAN AND OTHERS Vs. UNION OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF ROAD TRANSPORT & HIGHWAYS, GOVERNMENT OF INDIA, NEW DELHI

JUDGEMENT

(1.) This writ petition is filed with the following prayers:-

(2.) Heard learned counsel for the petitioner, learned Central Government Standing Counsel, learned Government Pleader and the learned standing counsel appearing for the National Highway Authority of India.

(3.) The petitioners, who are the owners of the property appurtenant to National Highway No.66 in Thalikkulam village in Chavakkad Taluk, challenge the proposal for acquisition of property on the ground that it is carried out without considering the allegation of mala fide raised by the petitioners in their objections. The petitioners contend that it is only to save certain places of worship that the property is being acquired from only one side of the existing Highway. Relying on the decision of the Apex Court in Mohammed Aslam M. Ismail Faruqui Hargyan Singh Thakur Vijay Ragho Bhagwan Birajmanmandir Jamiat Ulama E Hind v. Union of India and others, [LAW (SC) 1994 10 36] it is contended that religious places or places of worship have no immunity from acquisition proceedings and that the attempt to acquire the petitioner's property only for avoiding the property of a mosque is completely illegal and unsustainable.