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2024 Supreme(Ker) 266

MURALI PURUSHOTHAMAN
G. Madhusoodanan, S/o. Gangadharan – Appellant
Versus
State Of Kerala, Represented By The Secretary To Government, Department Of Revenue, Government Of Kerala – Respondent


Advocates Appeared:
For the Petitioners: Aswini Sankar R.S., K. Ramakumar (Sr.), T. Ramprasad Unni, S.M. Prasanth, T.H. Aravind.
For the Respondents: Govt. Pleader Smt. Sudha Devi, Shri. K.P. Jayachandran, Addl. Adv. General.

JUDGMENT :

The Government of Kerala issued Ext.P1 order dated 15.10.2020 granting sanction for the acquisition of 7.52 hectares of land in Karakulam, Aruvikkara, Nedumangad, and Karipoor Villages for the four-laning of the Vazhayila – Nedumangad – Pazhakutty road, invoking the provisions under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013 (hereinafter referred to as 'the RFCTLARR Act', for short). The petitioners own properties adjacent to the said road and their properties are included in Ext.P1 order. According to them, the alignment of the road is fixed without a proper social impact assessment, and is unscientific. It is stated that the present proposal is to acquire properties only from one side of the road without considering the availability of large extent of puramboke lands on the other side. The petitioners contend that using the puramboke land for widening the road could have avoided acquisition of private lands belonging to them and the Government could have saved public money. The petitioners refer to Ext.P6 Social Impact Assessment (SIA) study report and state that the only advantage noted regarding the

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