Writ petition seeking injunction against land acquisition for highway construction without following due process was dismissed after respondents clarified adherence to legal procedures.
Petition closed with no costs as respondents undertook to follow due process of law for land acquisition.
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.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2018 CORAM
THE HON'BLE MRS.JUSTICE J.NISHA BANU
W.P.(MD) No.11089 of 2018 and W.M.P.(MD)No.10155 of 2018
Rajaguru ... Petitioner
-Vs-
1.Union of India rep. by its Secretary to Government, Ministry of Road Transport and Highways Department, New Delhi. 2.The Authorised Officer-cum-Special District Revenue Officer, (Land Acquisition) National Highways, Chennamanayakkan Patti, Dindigul.
3.The Project Officer, National Highways Authority of India, Dindigul, Dindigul District. ... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus forbearing the respondents herein from laying Four Way Lane Road or putting up any construction or doing any work by illegally acquiring petitioner's patta lands to an extent of 1 hectare, 9.00 Ares comprised in Survey No.442/1 and to an extent of 1 Hectare, 28.79 Ares comprised in Survey No.445/1, situated at Thethuppatti Village, Dindigul West Taluk, Dindigul District without following due process of law and for other reliefs.
For Petitioner : Mr.J.Lawrance
For Respondent 1 : Mr.Malayendran Central Government Standing Counsel
For Respondent 2 : Mr.A.Thiyagarajan Government Advocate
For Respondent 3 : Mr.C.Arulvadivel @ Sekar https://hcservices.ecourts.gov.in/hcservices/
2
ORDER
This writ petition has been filed for issuance of Writ of Mandamus forbearing the respondents herein from laying Four Way Lane Road or putting up any construction or doing any work by illegally acquiring petitioner's patta lands to an extent of 1 hectare, 9.00 Ares comprised in Survey No.442/1 and to an extent of 1 Hectare, 28.79 Ares comprised in Survey No.445/1, situated at Thethuppatti Village, Dindigul West Taluk, Dindigul District without following due process of law.
2.When the writ petition is taken up for disposal, it is stated by the learned counsel for the petitioner that the respondents have already initiated acquisition proceedings and they also laid survey lands in the acquired lands. Hence, he sought for acquisition of land by adhering the due process of law.
3.The only prayer sought for by the petitioner is that his land should not be acquired without following the due process of law.
4.By way of reply, the learned counsel for the third respondent would submit that only after due process of law, lands of the petitioner will be acquired. The third respondent has filed a counter affidavit also by stating as follows:
“12.It is submitted that the acquisition of a portion of land in S.Nos.442/1 and 445/1 of Thethupatti Village in Dindigul West Taluk of Dindigul District which required for the formation of Dindigul Bypass is inevitable as the portion proposed to be acquired in S.No.445/1 is getting involved in the main carriageway and the portion comprised in S.No.442/1 is required to ensure the 60 m Right of Way which required for the 4 lane projects. Now action is being taken to publish the notification u/s 3A (1) of the said Act. No other construction activities have been taken at present. Hence, the averment stated in para 9 and 10 not sustainable.”
In view of the same, it is made clear that if at all the respondents acquire the lands of the petitioner, it shall be only as per the due process of law.
5.Recording the above submissions and counter filed by the third respondent, this writ petition is closed. No costs. Consequently, connected miscellaneous petition is also closed.
Sd/-
Assistant Registrar(CS-I)
/True Copy/
Sub Assistant Registrar(CS-II)
3
To
1.The Secretary to Government, Union of India, Ministry of Road Transport and Highways Department, New Delhi.
2.The Authorised Officer-cum-Special District Revenue Officer, (Land Acquisition) National Highways, Chennamanayakkan Patti, Dindigul.
+1CC to Mr.Malayendran, Advocate, SR.No. 81126 +1CC to Mr.J.Lawrance, Advocate, SR.No. 81172
+1CC to Mr.C.Arulvadivel @ Sekar, Advocate, SR.No.81356
W.P.(MD) No.11089 of 2018 and W.M.P.(MD)No.10155 of 2018 30.08.2018
VS
ES/SV/SAR 2/03.10.2018/3P/6C
1 issue framed by the court
Whether to issue WRIT OF MANDAMUS restraining the respondents from acquiring the petitioner's land without following due process of law.
2 provisions across 2 enactments
Rajaguru
Union of India
Authorised Officer-cum-Special District Revenue Officer
The Project Officer, National Highways Authority of India
J.Nisha Banu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
