The Kerala State Human Rights Commission (SHRC) has intervened in a contentious dispute involving the National Highways Authority of India (NHAI) and a resident of Attingal, after allegations emerged that the authority demolished structures beyond the legally acquired land. The case, which highlights the tensions surrounding infrastructure development and property rights, was brought to light by a complaint from Omana, a resident of Korani in Attingal.
The Heart of the Complaint
Omana submitted a formal complaint stating that while the NHAI had rightfully acquired a portion of her husband's land for highway development, the authorities went a step further. She alleged that the wall and roof of a shop situated on their property, but not included within the acquired parcel, were also demolished. This action, she contended, was carried out without any compensation for this additional damage.
Initially, the NHAI denied these allegations. However, the situation took a turn when a taluk surveyor conducted an inspection. The surveyor's findings confirmed Omana's claim, revealing that demolition had indeed occurred beyond the acquired boundary, validating the core of the complaint.
SHRC's Directive and Resolution
Presiding over the case, SHRC Chairperson Justice Alexander Thomas issued clear instructions to resolve the impasse. He directed the District Collector of Thiruvananthapuram, Anu Kumari, to ensure the precise boundary of the acquired land was determined and physically marked.
Following this order, the taluk surveyor identified the exact boundary line. As informed by the Special Deputy Collector (Land Acquisition) during a commission sitting, boundary stones were subsequently placed to clearly demarcate the limits of the NHAI's acquisition. This physical demarcation is intended to prevent any future encroachment or misunderstanding.
Protection and Path Forward for Complainant
Justice Alexander Thomas also provided a clear path for the complainant to reclaim her property rights. The commission instructed that Omana is now free to construct a wall along the newly marked boundary. Should she face any obstacles during this construction, she has been advised to approach the Deputy Collector for assistance.
Furthermore, recognizing potential for conflict, the SHRC made a proactive suggestion. It stated that if the complainant requires police protection to safely construct the boundary wall, the Deputy Collector should take necessary action to arrange it. This directive underscores the commission's focus on ensuring the resident can exercise her rights without fear of hindrance.
This case underscores the critical importance of precise demarcation in land acquisition projects for major infrastructure works like national highways. The SHRC's intervention has brought a measure of resolution, emphasizing due process and the protection of individual property rights even amidst large-scale development initiatives.
