No Need to Hand Over Original Records When Copies of Approved FMB Are Available: Kerala High Court Upholds Resurvey Validity in Land Encroachment Case
The Kerala High Court today dismissed a writ petition that contested the legality of a resurvey conducted by the National Highway Authority of India (NHAI) regarding a land encroachment dispute. The Court upheld the resurvey’s validity, clarifying that copies of the original Field Measurement Book (FMB) were sufficient for the purpose, negating the need for original acquisition records.
Legal Background and Dispute:
The contention centered around the petitioner, Krishnan N.T., who alleged that the NHAI and associated respondents encroached beyond the designated boundaries set during the 1987 land acquisition for highway expansion. Conversely, the respondents maintained that the petitioner had removed original survey stones, thus encroaching on the highway land himself.
Facts and Issues:
The core issue addressed the correctness of land boundaries post the 1987 acquisition and the legality of the resurvey operations conducted subsequently. The petitioner argued that the resurvey was flawed as it allegedly proceeded without the original records.
Court’s Assessment:
Land Ownership and Encroachment: The Court confirmed that the resurvey operations authenticated the original boundaries, asserting that “the availability of copies of approved FMB suffices, eliminating the need for original records” for resurvey purposes.
Validity of Resurvey Procedures: Justice Viju Abraham emphasized that “the resurvey was conducted in accordance with proper administrative procedures, utilizing available records and adhering to court directions.”
Judicial Review and Administrative Action: It was underscored that the administrative actions were compliant with prior judicial directives, leading to the rejection of the petitioner’s claims due to the absence of conclusive evidence of an improper resurvey.
Decision: The High Court dismissed the writ petition, confirming the validity of the resurvey conducted by the respondents. The petitioner was granted one month to appeal the decision while maintaining an interim order.
Date of Decision: April 19, 2024
Krishnan N.T. vs. The District Collector, Kozhikode & Others
