Writ Petition challenging the rejection of objections to land acquisition for a bypass road by the District Collector was dismissed. The Court held there was no perversity in the order and the acquisition served a genuine public interest.
Writ Petition dismissed. No costs. Connected Miscellaneous Petitions closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.08.2015
CORAM:
THE HONOURABLE MR. JUSTICE N.KIRUBAKARAN
W.P.No.776 of 2015
and
M.P.Nos.1 and 2 of 2015
K.R.Perumal ... Petitioner Vs. 1. The District Collector, Salem District, Salem. 2. The Land Acquisition Officer cum Revenue Divisional Officer, Salem District. 3. The Sub Collector, Mettur, Salem District, Salem. ... Respondents Writ Petition filed under Article 226 of the Constitution of Indian to issue a Writ of Certiorari calling for the records pertaining to the proceedings of the second respondent in Na.Ka.No.36054-2012-B1 dated 17.08.2014 and quash the same. For petitioner : Mr.C.D.Johnson For respondents : Mr.V.Jayaprakash Narayanan, Special Government Pleader ORDER
The petitioner has approached this Court challenging the order passed by the second respondent rejecting his objection filed pursuant to the notice issued under Section 15(2) of the Tamil Nadu Highways Act, 2001.
petitioner, in Survey No.77/6, which was later sub-divided as Survey No.77/6A, the respondents acquired only 0.6.5 hectares. Similarly, in the property comprised in Survey No.77/7 which was later subdivided as 77/7A, only an extent of 0.07.0 hectares out of 0.21.5 Hecatres was acquired. The said lands were acquired only for the purpose of laying bypass road between Omalur and Sankari, in an endeavour to prevent to prevent traffic congestion at Omalur, Sankari, Thiruchengode, Paramathi Velur. Therefore, for the aforesaid purpose, the Government proposed to lay bypass road at Kurukuppatti - Tharamangalam, to an extent of 12/4 km. Apart from the petitioner's lands, some others' lands were also acquired for the aforesaid purpose.
Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
asvm
To
1. The District Collector,
Salem District, Salem.
2. The Land Acquisition Officer cum
Revenue Divisional Officer,
Salem District.
3. The Sub Collector,
Mettur, Salem District,
Salem.
+1cc to the Government Pleader, S.R.No.39915
W.P.No.776 of 2015
and
M.P.Nos.1 and 2 of 2015
GP(CO)
CA(04/09/2015)
2 issues framed by the court
Whether the acquisition of land for laying a bypass road constitutes a valid public purpose under Section 15(3) of the Tamil Nadu Highways Act, 2001.
Whether the High Court can appreciate the factual findings regarding the necessity of the road alignment under Article 300A of the Constitution.
3 provisions across 2 enactments
K.R.Perumal
The District Collector, Salem District, Salem
The Land Acquisition Officer cum Revenue Divisional Officer, Salem District
The Sub Collector, Mettur, Salem District, Salem
N. Kirubakaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
