IMPORTANT POINT
The court affirmed the constitutional right to property under Article 300A, emphasizing the necessity for just compensation when property is acquired without due process.

JUDGMENT :

K. BABU, J.

1. The prayers in the Writ Petition are as follows:

“1. Issue a writ of Certiorari for quashing EXBT.P14 calling records leading to it.

2. Issue a direction to the respondents 1 to 7 to pay fair Compensation to the petitioner, with 9% interest from the date of taking over possession of the entire land for the widening of the National Highway 212 forthwith.

3. Issue a direction to the respondents 1, 2, 3, 4, 5, 6 & 7 to take immediate steps to speed up the payment of fair compensation to the petitioner, for his land taken over for the widening of the National High way 212 (now NH-766) under the Land Acquisition Act.

4. Issue a direction to the respondents to acquire the balance land 2.60 Ares under the Land Acquisition Act.

5. Issue a direction to the 1st respondent to conduct an enquiry by calling reports, regarding the illegal action of respondents 2, 3, 4, 5, 6 & 7 with regard to the taking over of the property of the petitioner, without his knowledge and consent.

6. Issue a direction to the respondents 1, 2, 3, 4, 5, 6 & 7 to provide suitable land equal in extent to the petitioner in a commercial area.

7. Any other order or direction which is deem fit just and proper in the interest of justice.” (sic)

2. The petitioner is the absolute owner-in-possession of 45 cents of land comprised in Survey No. 1/1 of Puthuppady Village, Kozhikode Taluk. He acquired title and possession over the property as per ‘verumpattom’ sale deed executed on 24.05.2000. Thereafter, as per the proceedings of the Land Tribunal, Kozhikode, the petitioner obtained Ext.P2 Sale certificate in respect of the property. The petitioner effected mutation with respect to the property in his name.

3. The property lies on the western side of the 2nd and 4th curves (churam) of Thamarassery-Wayanad Road. In 2006, the National Highways Authority of India commenced the work of widening the road. For widening of the National Highway and for the geometrical improvements to bend Nos. 3, 5, 6, 7 and 8, respondent No. 3 made a request to the Forest Department to acquire the forest land. The petitioner understood that the Department of Forest approved the proposal.

4. The petitioner was employed in a Gulf Country. He is an illiterate man. While the road widening work was progressing, respondent Nos. 3 and 8 contacted the petitioner seeking his permission to use a portion of his land to store the construction materials on the side of the road. As per the request, the petitioner allowed them to store the construction materials on a lump sum payment of Rs.30,000/- as rent. The property was planted with 100 arecanut trees, 20 other trees, 2 jathi trees and 6 koko trees. All those trees were cut and removed. Respondent No. 8 had agreed that the materials would be removed when the work was over.

5. The petitioner returned from the Gulf country after a long period. When he returned, he found that the road was widened, taking a major portion of his property, without his knowledge, consent and authority. The petitioner approached respondent Nos. 2 to 6 and 8 and submitted a complaint about the unauthorized and illegal occupation of the land. None of those officials responded responsibly,

6. Thereafter, the petitioner filed an application before the Department of Revenue seeking a survey and fixation of the boundaries of his property as per the Kerala Survey and Boundaries Act, 1961. In response to the application, the Tahsildar concerned issued Ext.P7 reply stating that as the property of the petitioner has now become part of the National Highway, it was not possible to fix boundaries. Thereafter, the petitioner submitted Ext.P9 application before the District Collector, Kozhikode, requesting the Collector either to grant compensation to the land illegally acquired or to surrender the land. When there was no positive reply, the petitioner approached this Court filing W.P. (C) No. 32792 of 2019. As per judgment dated 18.02.2020, this Court directed the respondent-District C