PUTHIYAPURAYIL GOVINDHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Dated this the 20th day of November, 2019 Instant appeal is filed against the judgment in W.P.(C) No.38782 of 2018 dated 29.03.2019 by which, the writ court declined to issue a writ of certiorari to quash Exhibit-P1, notification dated 8.11.2017 published in the daily newspaper Malayala Manorama dated 22.11.2017, Exhibit-P3 series, proceedings of the Special Deputy Collector & Competent Authority, Land Acquisition (NH), Kannur, issued by the Special Deputy Collector, LA (NHAI), Kannur at Taliparamba & Competent Authority, respondent No.6, Exhibit-P6, notification dated 25.07.2018, and Exhibit-P7, notification dated 9.8.2018 respectively, and further declined to issue a direction to approve Exhibit-P10, copy of DPR/Google Map-Sketch of proposed alignment and alternative proposal alignment and comparison particulars.

(2.) Facts germane for the disposal of this appeal are that, the petitioners are residents of Chirakkal Amsom, Puzhathi Desom in Kannur district. Earlier, National Highway Authorities proposed widening of a road through the existing National Highway. Later, the proposed alignment was changed, which passes through the properties of the petitioners. According to them, National Highway No.17 (present No.66) bypass alignment proposed for the stretch extending from Velapuram to Kallulkettichira violates the guidelines for quality systems for road construction. The new alignment proposed is less cost effective. Petitioners have further contended that no detailed investigation was conducted before alignment was revised. According to the petitioners, factors such as manual for survey, investigation and preparation of road projects etc., were not considered. Petitioners have further contended that location of widening of National Highway ought to have resulted in minimum interference to agricultural industry. Location should, as far as possible, facilitate easy grades and curvature. Highway should, as far as possible, be located along edges of properties rather than through the middle of the properties to avoid needs of frequent crossing of highway by the local people.

(3.) Petitioners have further contended that due to the influence of important persons, re-alignment has been made without public notice, and this has been done for corruption and without following the principles of natural justice. Petitioners also contended that according to the respondents, the said properties are sought to be acquired for building (Widening/four- laning, etc.), maintenance, management and operation of National Highway No.17, on the stretch of land from kms 148.000 to kms 171.200 (Kannur- Vengalam Section) in Kannur District. The proceedings were initiated on the basis of a notification dated 8-11-2017 issued under Section 3A of the National Highways Act, 1956 (48 of 1956). The same has been published in Malayala Manorama daily news paper dated 22-11-2017. As per the above notification, persons interested in the said lands mentioned thereupon were called to file objection before the competent Authority, viz. "Special Thahasildar (LA) NH-1I, Kannur" within 21 days from, the date of Publication of the notification in the official Gazette Under section 3C, of the Act. Accordingly, the petitioners filed their objections in time before the competent Authority on 29-11-2017. Thereafter, the 6 th respondent passed an order on 23-5-2018 which was received by the petitioners on 16-06-18 by post.