IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 WP(C).No. 28750 of 2009(K) -------------------------- PETITIONER(S): --------------- UNION BANK OF INDIA, HEAD OFFICE AT 239, VIDHAN BHAVAN MARGH, MUMBAI-21, REP. BY MR. M SUBRAMANIA IYER SENIOR MANAGER, UNION BANK OF INDIA KARUKUTTY BRANCH, KARUKUTTY ERNAKULAM DISTRICT. BY ADV. SRI.REJI GEORGE SRI.S.K.MOHAMED SAJEER SMT.MANJU RAJAN RESPONDENT(S): --------------- 1. NATIONAL HIGHWAYS AUTHORITY OF INDIA G 5 & 6 SECTOR-10, DWARKA NEW DELHI-110075, REP. BY THE SECRETARY TO GOVT. OF INDIA DEPARTMENT OF ROAD TRANSPORT AND HIGHWAYS PARIVAHAN BHAVAN, 1, PARLIAMENT STREET, NEW DELHI-110001. 2. THE PROJECT DIRECTOR NHAI, CHEMBUKKAU TRISSUR-20. 3. P.VARGHESE GEORGE, S/O. GEORGE AGED ABOUT 69 YEARS, PYNADATH NADUVIL HOUSE KOTHAKULANGARA, KARUKUTTY.P.O. PIN-683576. 4. MARY VARGHESE W/O. P.VARGHESE GEORGE AGED ABOUT 56 YEARS, PYNADATH NADUVIL HOUSE, KOTHAKULANGARA, KARUKUTTY.P.O., PIN-683576. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1 & 2 DR.GEORGE ABRAHAM FOR R3&4 SRI.THOMAS ANTONY FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 28750/09 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF LEAS E DEED NO.2794/2005 DT. 18.5.2005 OF S.R.O., ANGAMALI EXECUTED BETWEEN THE PETITIONER OF THE ONE PART AND THE 3RD AND 4TH RESPONDENTS OF THE OTHER PART. EXT.P2: COPY OF THE MEMORANDUM OF DEPOSIT OF TITLE DEEDS DT. 29.11.2003 EXECUTED BY THE 3RD AND 4TH RESPONDENTS IN FAVOUR OF THE PETITIONER BANK. EXT.P3: COPY OF THE NOTICE DT. 26.9.2007 ISSUED BY THE PETITIONER TO THE 3RD AND 4TH RESPONDENTS. EXT.P4: COPY OF THE LETTER DT. 10.6.2009 ISSUED BY THE PETITIONER TO SPECIAL DEPUTY COLLECTOR(L.A), NHDP, THRISSUR. EXT.P5: COPY OF THE REPLY DT. 12.8.2009 ISSUED BY THE SPECIAL DEPUTY COLLECTOR, (L.A), NHDP, THRISSUR TO THE PETITIONER. .EXT.P6: COPY OF OFFER LETTER DT. 30.6.2009 SUBMITTED BY THE 3RD AND 4TH RESPONDENTS TO THE PETITIONER. EXT.P7: COPY OF THE NOTICE DT. 19.9.2009 ISSUED BY THE PETITIONER BANK TO THE COMPANY AND THE 3RD AND 4TH RESPONDENTS. EXT.P8: COPY OF THE NOTICE DT. 5.10.2009 PUBLISHED BY THE PETITIONER BANK IN MALAYALA MANORAMA DAILY DT. 6.10.2009. EXT.P9: COPY OF THE LETTER DT. 26..9.2009 ISSUED BY THE 3RD AND 4TH RESPONDENTS TO THE PETITIONER BANK. EXT.P10: COPY OF THE LETTER DT. 30..9.2009 ISSUED BY THE PETITIONER BANK TO THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R3(a): COPY OF THE NOTICE DT. 23.10.2009. PA TO JUDGE TRUE COPY P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 28750 OF 2009 -------------------------- Dated this the 15th day of December, 2009 J U D G M E N T Heard the learned counsel appearing on both sides. 2. The dispute involved in this writ petition relates to the demolition of a portion of the building belonging to respondents 3 and 4 wherein the Union Bank of India, Karukutty branch is located. It is now conceded at the Bar that bank has on its own made arrangements so that the portion of the building acquired by the National Highway Authority of India can be demolished. The learned counsel appearing for respondents 3 and 4 submits that respondents 3 and 4 will demolish and remove the acquired portion of the building at their expense without causing any damage to the building, under the supervision of the officers of the second respondent. The learned counsel appearing for respondents 3 and 4 also submits that while demolishing the acquired portion of the building, respondents 3 and 4 will not cause any hindrance to the functioning to the Union Bank of India, Karukutty branch. In the light of the above submissions, I dispose of this writ petition with the following directions: W.P.(C) No. 28750/09 2 (i) Respondents 3 and 4 shall under the supervision of the second respondent or an officer appointed by him demolish the acquired portion of the building within one week from today. (ii) The expenses for demolition shall be met by respondents 3 and 4. Respondents 3 and 4 shall not cause any disturbance to the functioning of the bank or any damage structural or otherwise to the remaining portion of the building. The second respondent or the officer deputed by him shall ensure that these directions are complied with in letter and spirit. (iii) It will be open to the Manager, Union Bank of India, Karukutty branch to move this Court for appropriate orders in this writ petition itself if respondents 3 and 4 violate any of the terms and conditions stipulated above. P.N.RAVINDRAN, JUDGE vps