IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 6^TH DAY OF APRIL 2022 / 16TH CHAITHRA, 1944 WP(C) NO. 1866 OF 2022 PETITIONER:

K.R MANIKANTAN AGED 58 YEARS S/O. K.P.R NAMBOODIRI, AGED 58 YEARS, “ASWATHY”, MELETHODIYIL, MANKAVU, KOZHIKODE, PIN - 673007 BY ADVS.

T.D.SUSMITH KUMAR C.SIVADAS T.O.DEEPA RESPONDENTS:

1 THE UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, MINISTRY OF ROAD, TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN, 1, PARLIAMENT STREET, NEW DELHI., PIN - 110001

2 THE SECRETARY TO THE GOVERNMENT THE MINISTRY OF ENVIRONMENT AND FOREST, GOVERNMENT OF INDIA, NEW DELHI - 110001

3 NATIONAL HIGHWAY AUTHORITY OF INDIA, G 5&6, SECTOR-10, DWARAKA, NEW DELHI.

REPRESENTED BY ITS CHAIRMAN

4 THE PROJECT DIRECTOR NATIONAL HIGHWAY AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT, VII/511B, NEITHELI, MAVELIPURAM ROAD, MAVELIPURAM, KAKKANAD, ERNAKULAM.

PIN - 682030

5 THE STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

6 PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF FOREST AND WILDLIFE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

7 KERALA FOREST RESEARCH INSTITUTE REPRESENTED BY ITS DIRECTOR, PEECHI P.O, THRISSUR., PIN - 680653

8 DEPUTY COLLECTOR AND COMPETENT AUTHORITY LAND ACQUISITION (NH -66), KOTTAKKAL, MALAPPURAM , PIN - 676503

9 DISTRICT COLLECTOR COLLECTORATE, MALAPPURAM, PIN - 676505 BY ADV MATHEWS K.PHILIP OTHER PRESENT:

SMT.MABLE.C.KURIAN.SR.G.P.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner says that he is the owner of the property comprised of 46 cents in Resurvey No.108/2 of Kuttippuram Village, which has now been acquired for the purposes of the National Highway Authority of India (NHAI). He asserts that there is “Sacred Grove” which is commonly and better known as a “Sarppakkavu” in the property and that the acquisition will cause deracination to it, hurting sentiments of its worshipers.

2. The petitioner thus prays that NHAI be directed to change the alignment of the proposed National Highway in that area, so that the “Sarppakkavu” can be saved.

3. Noticing the afore submissions of Shri.Susmith Kumar T.D., learned counsel for the petitioner, I passed the following order on 30.03.2022, when this writ petition was earlier heard:

“The petitioner says that even without changing the alignment "the Sarppakkavu" can be saved and this will be evident if the Project Director visits the site.

Since the learned Standing Counsel for the NHAI, did not oppose the visit of the Project Director, I deem it appropriate that an effort be made to verify whether "the Sarppakkavu" can be saved, however, without changing the alignment, in any manner. Resultantly I direct the Project Director to visit the site at 11.00 a.m. on 1st April, 2022, on which time the petitioner will also be present and a report with respect to the inspection will be submitted before this court on the next posting date.”

4. In obedience to the afore directions, the NHAI has filed a counter affidavit, dated 14.03.2022, producing therewith Ext.R4(a) sketch of the alignment, supported by the following averments:

“4. The major contention of the petitioner is to make re-alignment and refix the boundaries of the proposed NH-17 (New NH-66). More so to save and protect the sacred grove the "Sarppakkavu" admeasuring 0.0021 hectres out of the total extent of 0.0691 Hectres belongs to the petitioner. First of all, the 8th respondent is not an authority to make any changes or deviations in the alignment. The alignment is fixed as per technical wisdom of highway experts of NH Authority of India and was approved after considering improved geometric parametres. Secondly there is no provisions in NH Act 1956 to exclude the sacred groves from the acquisition. All these facts were intimated to the mother of the petitioner vide Exhibit P4 which is self