**Subject:** Summary of Lok Sabha Unstarred Question No. 3203 Regarding NH85 Construction in Kerala
**Date:** October 26, 2023
**Summary:**
This document summarizes the response provided by the Minister of Road Transport and Highways, Shri Nitin Jairam Gadkari, to Lok Sabha Unstarred Question No. 3203, concerning the construction of National Highway 85 (NH85) in Kerala. The question, raised by ADV. Dean Kuriakose, addresses legal representation by the National Highways Authority of India (NHAI) in the Kerala High Court, a court directive to halt construction activities, and the performance of NHAI-appointed lawyers.
**Key Findings:**
* **Legal Representation:** NHAI has empanelled 22 advocates and 3 law firms to represent it in the Kerala High Court.
* **Performance Audit:** NHAI assesses the performance of its empanelled advocates annually, based on scrutiny by the concerned Regional Office, as per NHAI guidelines dated 20.06.2025. This assessment is considered when updating the empanelment roster.
* **High Court Directive:** The Kerala High Court, in its order dated 11.07.2025 (W.P.C No. 303912024), directed the State Government and NHAI to cease tree felling and non-forest activities along the Neryamangalam-Valara stretch of NH85. The Chief Secretary was directed to immediately address the issues raised. NHAI filed a review petition on 28.07.2025 against this order.
* **Lawyer Absence:** The Deputy Solicitor General of India, an authorized advocate, represented the Government and NHAI in the relevant case.
* **Monitoring of Appearances:** There is no central mechanism in place to track instances where NHAI lawyers fail to appear in court.
Key Entities Referenced
Ministry of Road Transport and Highways: The Indian government ministry responsible for the development and maintenance of road transport and highways in India.
NH85: National Highway 85, a highway in India. The context is regarding its construction in Kerala.
Kerala: A state in India where the construction of NH85 is taking place and where the Kerala High Court is located.
National Highways Authority of India (NHAI): The agency responsible for the development, maintenance, and management of national highways in India. They empanel lawyers to argue cases in the Kerala High Court.
Kerala High Court: The High Court of the state of Kerala, where cases related to NHAI and NH85 are being argued.
Nitin Jairam Gadkari: The Minister of Road Transport and Highways.
Kochi-Munnar Highway: Another name for National Highway 85, the construction of which is being stayed.
Neryamangalam-Valara Stretch: A specific section of National Highway 85 where tree felling and non-forest activities were ordered to be stopped by the Kerala High Court.
GOVERNMENT OF INDIA
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS
LOK SABHA
UNSTARRED QUESTION NO. 3203
ANSWERED ON 7TH AUGUST, 2025
CONSTRUCTION OF NH-85 IN KERALA
3203. ADV. DEAN KURIAKOSE:
Will the Minister of ROAD TRANSPORT AND HIGHWAYS
सड़क परिवहन औि िाजमार् ग मंत्री
be pleased to state:
(a) the lawyers empanelled by the National Highways Authority of
India(NHAI) to argue the cases in the Kerala High Court;
(b) whether any performance audit has been conducted to assess
the performance of the lawyers, if so, the details thereof;
(c) whether the Government is aware of the High Court directive to
NHAI to stay the construction activities of National Highway (NH)-
85, Kochi-Munnar Highway, if so, the details thereof;
(d) whether the Government is also aware that the lawyer appointed
by NHAI failed to appear in the court to argue the case, if so, the
details thereof; and
(e) the total number of times NHAI lawyers have either been absent
or lost the case in the Kerala High Court?
ANSWER
THE MINISTER OF ROAD TRANSPORT AND HIGHWAYS
(SHRI NITIN JAIRAM GADKARI)
(a) 22 Advocates & 3 law firms have been empanelled by National
Highways Authority of India (NHAI) for arguing its cases before the
Honorable Kerala High Court.(b) NHAI maintains a roster of empanelled advocates along with the
case allocation details. Performance of NHAI empanelled advocates
is considered while updating the empanelment on yearly basis after
scrutiny by the concerned Regional Office as per the guidelines of
NHAI dated 20.06.2025.
(c) Yes Sir. Hon'ble Kerala High Court has, by its order dated
11.07.2025 passed in W.P.(C) No. 30391/2024, directed the State
Government and NHAI to stop the felling of trees and carrying out of
non-forest activities on land along both sides of National Highway-
85 (Neryamangalam-Valara Stretch). Further, the Hon'ble Court has
directed the Chief Secretary to immediately look into the
issues. NHAI has preferred a review petition on 28.07.2025 against
the High Court Order dated 11.07.2025 passed in W.P.(C)No.
30391/2024.
(d) Deputy Solicitor General of India-authorized advocate appeared
on behalf of the Government and NHAI.
(e) There is no central mechanism for monitoring the failure of
advocates to make an appearance in the court.
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