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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Easwaran S., J
Sreeja – Appellant
Versus
Malabar Devaswom Board – Respondent
| Table of Content |
|---|
| 1. overview of land acquisition and historical procedural background of the dispute. (Para 1 , 2 , 3) |
| 2. contention regarding the applicability of the 2013 act versus the national highways act. (Para 4 , 5 , 6 , 7) |
| 3. legal reasoning on the non-applicability of section 77 of the 2013 act to nhai acquisitions. (Para 8 , 9 , 10 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 4. final order setting aside ultra vires proceedings and restoring the case for correct adjudication. (Para 21) |
Dated this the 18th day of May, 2026 JUDGMENT Question raised in the writ petition is ‘Whether the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013( in short Act 30 of 2013) will apply to an acquisition under the National Highways Act 1956 in view of the notification No.S.O. 2368(E) dated 28-8-2015 issued under the provisions of Section 105 of the Act 30 of 2013.
2. Petitioners claim that they are the members of the family of a trustee of Thiruvangat Para Temple, Chelembra Post, Kondotty Taluk, Malappuram District. Certain portions of the property of the Temple was acquired for widening of the National Highway. The land acqui
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