W.P.(C) No.8421/2007

Petitioner is the owner and is in possession of 16.5 cents of property comprised in Sy.No.191 of Madathuvilakom Village in Thiruvananthapuram City. She is residing in a two storied building situated in that property. The plot is situated on the eastern side of Pattom-Ulloor-Kochullor road. As a part of comprehensive planning and development of Thiruvananthapuram City, it was decided to widen the Pazhaya Road on the west of the property of the petitioner. The existing width of the road in front of the property of the petitioner is 13.12 meters. The proposal is to widen that road to have a width of 17.30 meters. This consists of four-lane carriageway of 13 meters width, Central median of 30 centi meters and two meters sidewalk on either side of the road. Ext.P1, a notification under section 4 (1) of the land Acquisition Act, (for short ‘the Act’), was issued on 11.2004. The proposal was to acquire 5.5 meters of land on the eastern side of Pazhaya road, whereas, on the opposite direction, only 0.5 meters of land was sought to be acquired.

2. Aggrieved by the notification, petitioner filed W.P.(C) No.37763/2007 before this Court. In the counter affidavit