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2021 Supreme(Online)(KER) 38120

SHAJI K – Appellant
Versus
NATIONAL HIGHWAY AUTHORITY OF INDIA – Respondent


Advocates:
['M P ASHOK KUMAR', '', 'BINDU SREEDHAR', 'ASIF N', 'SANTHOSH MATHEW', '', 'NANAVATI MAULIK G', 'JENNIS STEPHEN', 'ANIL SEBASTIAN PULICKEL', 'ARUN THOMAS']

JUDGMENT

These Writ Petitions are filed with almost same prayers. The prayer in WP(C) No.12126 of 2021 is extracted hereunder:

“i. Issue appropriate direction commanding the respondents to construct the weigh-bridge near the Panniyankara Toll Booth in the original site identified and demarcated by the NH Authorities and not to shift the same to the frontage of petitioners building situated in Sy.No.439/33, 439/21, 439/34 of Vadakkencheri 1 Village, Alathur Taluk, Palakkad.

ii. Issue appropriate writ or order prohibiting the respondent from constructing a weighbridge just in front of petitioners' property situated in Sy.No.439/33, 439/21, 439/34 of Vadakkencheri 1 Village, Alathur Taluk, Palakkad.

iii. Declare that the National Highway Authority can set up a Weigh Bridge near a Toll Booth only in an open area with sufficient parking and waiting space and also ensuring that no hindrance or obstruction to the peaceful enjoyment and entry to any private establishment is caused.

iv. Pass such other orders as this Hon'ble Court may deem fit to grant in the circumstances of the case”.

2. The petitioner in WP(C) No.12126 of 2021 is conducting an SSI Unit by the name and style 'Perfect Industrie

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