WP(C) NOS. 18727 & 38789 OF 2024 1 2025:KER:30998 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 18727 OF 2024 PETITIONER: P.K.MOHAMMED BASHEER AGED 61 YEARS S/O.MUHAMMEDKUTTY HAJI, KARAYIL HOUSE, ORUMANAYUR P O, THRISSUR, PIN – 680 512 BY ADVS. SRI.P.SATHISAN SRI.JAVED HAIDER SMT.ABHIRAM SUNISH SRI.SHIBU B.S SRI.BIJU P.PAUL RESPONDENTS: 1 UNION OF INDIA REP. BY THE SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, NEW DELHI P.O. PIN – 110 001 2 THE NATIONAL HIGHWAYS AUTHORITY OF INDIA G – 586, SECTOR – 10, DWARAKA P.O., NEW DELHI – , REP. BY ITS CHAIRMAN, PIN – 110 075 3 THE PROJECT DIRECTOR NHAI, TC – 29/1539/1, RAJASREE KAIRALI, PERUMTHANNI, VALLAKKADAVU P.O, THIRUVANANTHAPURAM–, PIN – 695 008 4 SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY LAND ACQUSITION, NHAI, KODUNGALOOR P.O., THRISSUR, KERALA-, PIN – 680 669 5 DISTRICT COLLECTOR THRISSUR, COLLECTORATE, FIRST FLOOR, CIVIL STATION, CIVIL LINES RD, KALYAN NAGAR, AYYANTHOLE, THRISSUR, KERALA-., PIN – 680 003 WP(C) NOS. 18727 & 38789 OF 2024 2 2025:KER:30998 6 THE PRINCIPAL SECRETARY REVENUE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM P.O.,, PIN – 695 001 BY ADVS. SRI.KRISHNA T C SRI.VISHNU PRADEEP SMT.DEVISHREE, GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.04.2025, ALONG WITH WP(C).38789/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NOS. 18727 & 38789 OF 2024 3 2025:KER:30998 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 38789 OF 2024 PETITIONER: 1 MOHAMED ULLAT KATTIL AGED 75 YEARS C/O ULLAT KATTIL KUNHIMOIDEEN, ULLAT KATTIL HOUSE, KACHADI, VENNIYUR P O , TIRURANGADI, MALAPPURAM, PIN – 676 508 2 MOIDEENKUTTY K AGED 77 YEARS S/O KUNHIHADRU, KODAPPANA HOUSE, KODIMARAM ROAD P O, VENNIYUR TIRURARANGADI, MALAPPURAM, PIN – 676 508 BY ADVS. SRI.P.SATHISAN SRI.SHIBU B.S SRI.BIJU P.PAUL SRI.JAVED HAIDER SMT.ABHIRAM SUNISH SMT.AKSHARA RAJU RESPONDENTS: 1 UNION OF INDIA REP. BY SECRETARY, MINISTRY OF ROAD TRANSPORT & HIGHWAYS, GOVERNMENT OF INDIA, CENTRAL DELHI P.O., NEW DELHI., PIN – 110 001 2 DIRECTOR GENERAL (ROAD DEVELOPMENT) & SPECIAL SECRETARY ROOM NO.213, MINISTRY OF ROAD TRANSPORT & HIGHWAYS, TRANSPORT BHAVAN, 1, PARLIAMENT STREET, CENTRAL DELHI P.O., NEW DELHI., PIN – 110 001 3 PROJECT DIRECTOR NATIONAL HIGHWAYS AUTHORITY OF INDIA (HEAD OFFICE), DWARAKA SECTOR 10, SOUTH WEST DELHI P.O., NEW DELHI-., PIN – 110 075 WP(C) NOS. 18727 & 38789 OF 2024 4 2025:KER:30998 4 CHAIRMAN NHAI, G-5 & 6, SECTOR-10, DWARAKA, SOUTH WEST DELHI P.O., NEW DELHI, PIN – 110 075 5 STATE OF KERALA REP. BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM P.O., PIN – 695 001 6 THE PROJECT DIRECTOR NHAI PROJECT IMPLEMENTATION UNIT KOZHIKODE LOTUS HOUSE 34 1487A, PROVIDENCE WOMEN’S COLLEGE ROAD, MALAPARAMBA P.O., KOZHIKODE., PIN – 673 009 7 THE SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY, OFFICE OF DEPUTY COLLECTOR, LAND ACQUISITION (NH17) VALAKKULAM P.O., KOZHICHENA, MALAPPURAM, PIN – 676 508 8 DISTRICT COLLECTOR MALAPPURAM , CONFERENCE HALL, COLLECTORATE ROAD, UP HILL, MALAPPURAM, KERALA, PIN – 676 505 9 THE ASSISTANT EXECUTIVE ENGINEER PWD (ROADS), TIRUR MALAPPURAM DISTRICT -, PIN – 676 101 BY ADV C.DINESH SMT. DEVISHREE, GP, SRI. VISHNU PRADEEP, CGC, THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.04.2025, ALONG WITH WP(C).18727/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NOS. 18727 & 38789 OF 2024 5 2025:KER:30998 T.R.RAVI.J --------------------------------------- WP(C) Nos.18727 and 38789 of 2024 --------------------------------------- Dated this the 08th day of April, 2025 JUDGMENT The main prayer in these writ petitions is for granting compensation for the entire structure even though a portion alone been acquired. The issue is covered by the judgments of this Court in WPC.No.14715 of 2024 and WA Nos.718 of 2024 and connected cases. In the above circumstances, these writ petitions are closed with liberty to the petitioners to move the arbitrator for appropriate relief as has been directed in the above said judgments. The petitioners will be entitled to move an application under Section 17 of the Arbitration and Conciliation Act in these cases if required. Sd/- T.R.RAVI sn JUDGE WP(C) NOS. 18727 & 38789 OF 2024 6 2025:KER:30998 APPENDIX OF WP(C) 18727/2024 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF NOTICE IN LAC NO.LA2/ORU/010394/2021 DATED 14.03.2022 RECEIVED BY THE PETITIONER Exhibit P2 TRUE COPY OF THE GOVERNMENT NOTIFICATION DATED 28.08.2015 Exhibit P3 TRUE COPY OF THE STRUCTURAL PLAN SHOWING THE PROPOSED LINE OF ACQUISITION AND LINE OF IMPACT Exhibit P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 15.07.2021 BEFORE THE 5TH RESPONDENT ALONG WITH TYPED COPY Exhibit P4(a) TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT OF EXT.P4, ISSUED ON SUBMISSION OF REQUEST, DATED 19.07.2021 Exhibit P5 TRUE COPY OF THE STRUCTURAL STABILITY CERTIFICATE OF THE PETITIONERS’ BUILDING DATED 30.07.2022 WP(C) NOS. 18727 & 38789 OF 2024 7 2025:KER:30998 APPENDIX OF WP(C) 38789/2024 PETITIONER’S EXHIBITS ExhibitP1 TRUE COPY OF THE PROPERTY TAX RECEIPT NO.34444 DATED 31.07.2023 IN FAVOUR OF THE BROTHER OF THE 1ST PETITIONER ExhibitP1(a) TRUE COPY OF THE PROPERTY TAX RECEIPT NO.01/122400115690 DATED 16.03.2023 ISSUED BY TIRURANGADI MUNICIPALITY IN FAVOUR OF THE 1ST PETITIONER ExhibitP1(b) TRUE COPY OF INTERNET PAYMENT RECEIPT OF THE PROPERTY TAX VIDE RECEIPT NO.60127411000847 DATED 11.03.2020 ISSUED BY THE TIRURANGADI MUNICIPALITY IN FAVOUR OF 2ND PETITIONER ExhibitP2 TRUE COPY OF SECTION 3G AWARD NO.D3566/2021/TGI/1277 DATED 05.10.2021 ISSUED BY 7TH RESPONDENT TO THE 1ST PETITIONER AND HIS SIBLINGS ExhibitP2(a) TRUE COPY OF SECTION 3G NO.D.5899/2021/TGI/1305 DATED 30.06.2022 ISSUED BY 7TH RESPONDENT TO THE 2ND PETITIONER ExhibitP3 TRUE COPY OF THE EVICTION NOTICE NO.D3566/2021/TGI/1277 DATED 05.10.2021 AS PER SECTION 3E(1) ISSUED TO THE 1ST PETITIONER AND HIS SIBLINGS ExhibitP3(a) TRUE COPY OF THE EVICTION NOTICE NO.D.5899/2021/TGI/1305 DATED 30.06.2022 AS PER SECTION 3E(1) ISSUED TO THE 2ND PETITIONER ExhibitP4 TRUE COPY OF THE GOVERNMENT NOTIFICATION DATED 28.08.2015 ExhibitP5 TRUE COPY OF THE STRUCTURAL PLAN SHOWING THE PROPOSED LINE OF ACQUISITION AND LINE OF IMPACT OF THE 1ST PETITIONER ALONG WITH HIS SIBLINGS ExhibitP5(a) TRUE COPY OF THE STRUCTURAL PLAN OF ANOTHER WP(C) NOS. 18727 & 38789 OF 2024 8 2025:KER:30998 BUILDING SHOWING THE PROPOSED LINE OF ACQUISITION AND LINE OF IMPACT OF THE 1ST PETITIONER ALONG WITH HIS SIBLINGS ExhibitP5(b) TRUE COPY OF THE STRUCTURAL PLAN SHOWING THE PROPOSED LINE OF ACQUISITION AND LINE OF IMPACT OF THE 2ND PETITIONER ExhibitP6 TRUE COPY OF APPLICATION DATED 29.10.2024 SUBMITTED BY THE 1ST PETITIONER ExhibitP6(a) TRUE COPY OF APPLICATION DATED 29.10.2024 SUBMITTED BY THE 2ND PETITIONER