IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 WP(C).No. 10711 of 2010(L) -------------------------- PETITIONER(S): --------------- RAJAN VATTOLY, AGED 49, S/O.VARGHESE VATTOLY, VATTOLY HOUSE, CHALAKUDY P.O THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT(S): --------------- 1. THE UNION OF INDIA, REPRESENTED BY SECRETARY TO THE GOVT. MINISTRY OF SHIPPING, ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN, PARLIAMENT STREET, NEW DELHI. 2. THE CHAIRMAN, NATIONAL HIGH WAYS AUTHORITY OF INDIA, G-5&6, SECTOR 10, DWARAKA, NEW DELHI-110045. 3. THE PROJECT DIRECTOR, OFFICE OF THE PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, NO.8/1187,ARUMUGHAN COLONY, CHANDRA NAGAR, PALAKKAD, KERALA 678 007. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1 SRI.THOMAS ANTONY FOR R2 AND R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 10711 of 2010-L - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of May, 2010. JUDGMENT The petitioner is aggrieved by Ext.P4 notice issued by the National Highway Authority of India directing the petitioner to remove the movables in the building occupied by him, within a period of seven days. The building is situated in Sy. Nos. 497/9C and 497/10B of Kizhakechalakdy Village which was acquired for widening the National Highway 47 and already the land has been taken over by the National Highway Authority of India. 2. Various contentions have been raised in the writ petition including the contention that it is unnecessary at this stage to demolish the building, as the purpose of acquisition has already been served by the construction of the road. 3. By relying upon the averments in the counter affidavit filed on behalf of respondents 2 and 3, learned Standing Counsel for the Authority submitted that the building and the property have been acquired and the petitioner has already received the compensation on 23.3.2007. It is pointed out that there was an earlier writ petition filed by him as W.P.(C) 10771 2 No.35834/2007 challenging the acquisition proceedings and seeking to quash the declaration which was dismissed and which stands confirmed in W.A. No.1165/2009. The request to vacate the land, even though made repeatedly, the petitioner has failed to comply with. It is submitted that the petitioner was directed to remove the movables and Ext.P4 notice was issued in that regard. 4. Going by the above averments, it is clear that the petitioner has no right to occupy the building in the land at this stage and the contentions otherwise, cannot be accepted at all. The learned counsel for the petitioner submitted that he may be granted at least two weeks time to remove the materials/movables in the building. Learned Standing Counsel for the Authority opposes the prayer. Considering the various aspects, the petitioner is granted 10 days time from today to remove the movables in the building. If the movables are not removed within the above period, it is up to the Authority to take action without any further notice. The writ petition is dismissed with the above observations. No costs. (T.R. Ramachandran Nair, Judge.) kav/