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2019 Supreme(Online)(KER) 61295

HIGH COURT OF KERALA
A. Muhamed Mustaque, J
PRAMOD – Appellant
Versus
CHAIRMAN – Respondent


JUDGMENT

In these cases, the principle issue that arises for consideration is whether a notification issued under Sec.3A of the National Highways Act, 1956 to acquire a land for the purpose of National Highway is illegal or not in the absence of a declaration under Sec.2 of the Act. Apart from that, the petitioner also have raised a claim for compensation for the land acquired for National Highway in terms of provisions under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30/2013). The payments of compensation, rehabilitation, resettlement and modality of payment of compensation also arise for consideration in these writ petitions.

2. I shall advert to the challenge made by the petitioners in regard to the notification issued under Sec.3A. This notification is issued for widening an existing highway, which was originally notified as National Highway. Thereafter, it was de notified. The stretch is forming part of Kuttipuram-Edapally NH-17. As seen Ext.P9 produced in W.P.(C)No.42170/2018, this has been de notified by the Ministry of Road and Transport Highway as per the proceedings dated 05.03.2014. Therefore, the arg

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