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2017 Supreme(Online)(Ker) 31785

KERALA HIGH COURT
S. Manikumar, J
NDP Yogam v. State of Kerala and Others


Advocates:
For the Appellants/Petitioners: M/s Dinesh R. Shenoy, P. V. George, Shyson P. Manguzha, M. S. Unnikrishnan
For the Respondents: Government Pleader

Table of Content
1. finalized alignment provisions and disputes. (Para 1 , 2)
2. hearing and expert evaluations are important in alignment adjustments. (Para 3 , 4 , 5)
3. court's jurisdiction limits on factual disputes. (Para 6 , 7 , 8 , 9)
4. need for thorough review of procedural compliance. (Para 10 , 11 , 12 , 13)
5. directive for urgent administrative action regarding alignment approval. (Para 14 , 15 , 16)
6. rights of petitioners under land acquisition processes. (Para 17 , 18)

1. The Government of Kerala has, for the purpose of effectuation of a project to widen the Muvattupuzha - Koothattukulam link road with the intent of upgrading it to the status of the Thekkady - Ernakulam State High way, finalised an original alignment, which was impugned by various persons finally lead to the Secretary to Government to issue an order dated 23/12/2013, altering the alignment in a small area of the road between Ch.1.7957 km and Ch.2.4400 km. This order has been appended as Ext.P6 in W.P.(C) No.30524 of 2016. Accepting this order, the Government issued Ext.P7 approving the final alignment of the said road in the manner as altered by Ext.P6. So for all intents and purposes, Ext.P7 is the order























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