IMPORTANT POINTS
National Highway-17 (Panvel-Goa-Kochi) starts connecting Panvel on National Highway No. 4 Mahad, Panaji, Karwar, Mangalore, Cannanore, Calicut (Kozhikode), Feroke, Kuttipuram, Pudu Ponnani, Chowghat Cranganpur to junction with National Highway No. 47 near Edapally. As stated supra, merely because in one of the notifications, the word “bypass” is used, it cannot be said that the purpose is changed. As stated supra, bypass means a section of National Highway bypassing town or city.

JUDGMENT :

Instant appeal is filed against the judgment in W.P.(C) No.42646 of 2018 dated 29.03.2019 by which the writ court declined to issue a writ of certiorari to quash Exhibit-P1, notification dated 4.1.2018 published in the daily newspaper Deshabhimani dated 26.01.2018, Exhibit-P3 series, proceedings of the Special Deputy Collector & Competent Authority, LA (NHAI), Kannur at Taliparamba (respondent No.6), Exhibit-P6 notification dated 13.07.2018, and Exhibit-P7 notification dated 21.11.2018 respectively, and further declined to issue a direction to approve Exhibit P-9, copy of DPR/Google Map-Sketch of the proposed alignment and the alternative proposal alignment and comparison particulars.

2. Facts germane for disposal of this appeal are that, the appellants are natives of Thuruthy, Pappiniasseri Village, Kannur Taluk, Kannur District. Earlier, National Highway Authorities proposed widening of a road through the existing National Highway. Later, the proposed alignment was changed, which passes through the properties of the petitioners. According to them, National Highway No.17 (present No.66) bypass alignment proposed for the stretch extending from Velapuram to Kallulkettichira violates the guidelines for quality systems for road construction. The new alignment proposed is not less cost effective. Appellants have further contended that no detailed investigation was conducted before the alignment was revised. According to the appellants, factors such as manual for survey, investigation and preparation of road projects etc., were not considered. Appellants have further contended that location of widening of National Highway ought to have resulted in minimum interference to agricultural industry. Location should, as far as possible, facilitate easy grades and curvature. Highway should, as far as possible, be located alongside the edges of properties, rather than through the middle of the properties to avoid the need of frequent crossing of highway by the local people.

3. Appellants have further contended that due to the influence of important persons, re-alignment has been made without public notice, and this has been done for corruption and without following the principles of natural justice. Appellants have also contended that according to the respondents, the said properties are sought to be acquired for building (Widening/four-laning, etc.), maintenance, management and operation of National Highway No.17, in the stretch of land from kms 104.000 to kms 148.000 (Cheruvathur -Kannur Section) in Kannur District. Proceedings were initiated on the basis of a notification dated 4-1-2018 issued under Section 3A of the National Highways Act, 1956 (48 of 1956). The same was published in Deshabhimani daily newspaper dated 26-01-2018. As per the above notification, persons interested in the said lands mentioned thereupon were called to file objection before the competent Authority, viz. "Special Deputy Collector (LA) NHAI, Kannur" within 21 days from the date of Publication of the notification in the official Gazette under section 3C of the Act. Accordingly, the appellants filed their objections in time before the competent Authority on 31-01-2018. Thereafter, the 6th respondent (the Special Deputy Tahsildar, L.A.(NHAI), Kannur district) passed an order on 23-5-2018 which was received by the petitioners on 20-06-18 by post.

4. Appellants have further contended that Exhibit-P1 dated 4.1.2018 was followed by Exhibit-P6 notification dated 13-7-2018 issued under Section 3D of the Act. Thereafter, the respondents issued Exhibit-P7 notification under Section 3G on 21-11-2018 which has been published in Deshabhimani daily on 27-11-2018. All these proceedings were issued by the respondents, pending an interim order of this Hon'ble Court. According