IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 WP(C).No. 6900 of 2008(U) ------------------------- PETITIONER: ------------ 1. K.BALACHANDRAN, S/O. LATE KRISHNAN AGED 69 YEARS, JUBILEE (PO) PARAL, THALASSERY. 2. K.K.ABUBACKER, BUSHRA MANZIL, (PO) PARAL,THALASSERY. BY ADV. SRI.GEORGE MECHERIL RESPONDENTS: ------------- 1. THE DIREOCTOR GENERAL (ROAD DEVELOPMENT) MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NO.1 PARLIAMENT STREET, NEW DELHI. 2. THE CHIEF ENGINEER, NATIONAL HIGHWAYS THIRUVANANTHAPURAM. 3. THE SUPERINTENDING ENGINEER (NATIONAL HIGHWAYS) NORTH CIRCLE, KOZHIKODE. 4. THE EXECUTIVE ENGINEER, NATIONAL HIGHWAY DIVISION, KANNUR. 5. THE DISTRICT COLLECTOR, KANNUR. BY ADV. SRI.T.SANJAY, CGC FOR R1 GOVT. PLEADER SRI.BASANTH BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.6900 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of June, 2008 JUDGMENT The grievance of the petitioners who are the inhabitants of the Kodiyeri village in Thalassery Taluk is that even though there has been proposal for acquiring portions of their properties for the construction of Thalassery-Mahe bye-pass road of the National High Way 17 for the past 27 years, nothing concrete has been done in that direction by the respondents. Since a threat of land acquisition had been hanging over their properties, the petitioners have not been able to effect improvements on the properties. Petitioners therefore pray in this writ petition that a writ of mandamus be issued commanding the respondents to acquire 2.155 Kms. length of land identified for the purpose of construction of Thalassery-Mahe bye-pass road on N.H.17 in Kodiyeri village forthwith. 2. First respondent has filed a detailed counter affidavit and in paragraphs 2 and 3 of that counter affidavit it is stated as follows; “ It is submitted that Government of India has WPC.No.6900/08 2 approved National Highway Development Project for 4-laning of NH 17 from Talapady ( Karnataka/Kerala border) to Edappally near Kochi for a length of 420 Km which is proposed to be taken up under NHDP Phase III on BOT basis which will be implemented by National Highways Authority of India (NHAI). Land Acquisition for the remaining phase of this bypass as well as its construction will be taken up along with 4- laning of this NH under NHDP Phase III. National Highways Authority of India, an autonomous organisation under Ministry of Shipping, Road Transport & Highways, Government of India, is in the process of preparing the detailed project report ( DPR) for the four laning of the Thalapady-Edappally Sectoin of NH 17. The process of land acquisition for the remaining portion of the Thalassery-Mahe bye-pass including Kodiyeri village has been started by NHAI. and Gazette notification has been issued by Government of India as per clause 3(a) of National Highway Act 1956. 3. Heard Sri.George Mecheril, counsel for the petitioners, Sri.T.Sanjay, learned counsel for the Central Government and Sri.Basanth Balaji, learned Government Pleader also. The counsel WPC.No.6900/08 3 would make submissions on the basis of the pleadings. Sri.George Mecheril would draw my attention to the judgment of a Division Bench of this court in W.P.(C)No.10321/05 wherein this court directed that Chandapura - Kottapuram bye-pass ( another bye-pass of the very same National Highway 17) should be got ready for use of public within six months from the date of the judgment i.e. 15/06/2006. Learned Central Government counsel would submit on instructions that for completing the acquisition, a minimum period of one year will be required. Having considered the rival submissions addressed at the Bar, I am of the view that the grievance voiced by the petitioners has elements of genuineness. According to me, respondents are not justified in delaying the proceedings for acquisition of the properties of the petitioners and the other land owners in Kodiyeri village. Taking into account of the circumstances obtaining in this case including the pragmatic difficulties which are to be surmounted by the authorities for completing the acquisition, I dispose of the writ petition directing the respondents to complete the proceedings for acquisition of the WPC.No.6900/08 4 properties in Kodiyeri village for the purpose of the Thalassery-Mahe bye-pass by passing award and by taking possession of the properties within eight months of receiving copy of this judgment. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.6900/08 5