Writ appeals filed against an order upholding land acquisition proceedings for National Highway NH 227. The Madurai Bench found that the change of alignment was based on technical opinion and objections were duly considered, dismissing the appeals.
The writ appeals were dismissed, and connected miscellaneous petitions were 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.
WA(MD).Nos.1035 and 1036 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.10.2019
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI W.A.(MD)Nos.1035 and 1036 of 2019 and C.M.P.(MD)No.9433 and 9436 of 2019
1.Arun Kuamr 2.Harish ... Appellants in W.A.(MD)No.1035 of 2019/Petitioner 1.Rajendran ... Appellant in W.A.(MD)No.1036 of 2019/Petitioner
Vs.
1.The Government of India, Rep. by its Secretary, Ministry of Road Transport and Highways, Transport Bhavan, No.1, Parliament Street, New Delhi.
2.The District Collector, Trichy District, Trichy.
3.The Competent Authority cum Special District Revenue Officer, Land Acquisition (NH 227), Trichy.
4.The Project Director, National Highways Authority of India, Project Implementation Unit, Plot No.26, 1st Floor, VGP Nagar West, Vazhuthareddy Post,
Vilupuram-605 401. ..Respondents in both Appeals/Respondents
COMMON PRAYER: Writ Appeals are filed under Clause 15 of the Letter Patent Act, to set aside the order made by this Court in W.P.(MD) Nos.20670 and 20671 of 2016 dated 12.02.2019.
Common Prayer in WP(MD).Nos.20670 & 20671 of 2016 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of https://hcservices.ecourts.gov.in/hcservices/ Certiorari calling for the records relating to the impugned
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WA(MD).Nos.1035 and 1036 of 2019
notification issued by the 1st Respondent dated 14.07.2016 published in the Gazatte of India (Extraordinary) No. 1770, SO 2417 (E) Part II Section 3 (ii) and the impugned proceedings of the 3rd respondent in Na.Ka.A/Tmva/NiA/Tha.Nay-227/444/2015 dated 27.07.2016 and the consequential impugned proceedings of the 3rd respondent in RC/B/282/2016 dated 22.09.2016 and quash the same as illegal.
For Appellant : Mr.Ajmal Khan Senior counsel for Mr.M.Mahaboob Athiff For R1 : Mr.V.Malaiyendran Central Government Standing Counsel For R2 and R3 : Mr.A.K.Baskara Pandian Special Government Pleader (in both petitions) For R4 : Mr.C.Arul Vadivel @ Sekar
COMMON JUDGMENT
[Judgment of this Court was made by T.S.SIVAGNANAM, J.]
Heard Mr.Ajmal Khan learned Senior counsel for Mr.M.Mahaboob Athiff, learned counsel appearing for the appellants, Mr.V..Malaiyendran, learned Central Government Standing Counsel for the first respondent and Mr.A.K.Baskara Pandian, learned Special Government Pleader for the second and third respondents. By consent on either side, this writ appeal is taken up for final disposal.
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WA(MD).Nos.1035 and 1036 of 2019
In the counter affidavit the respondents have justified the change of alignment to a short distance, which is based upon the technical opinion.
// True Copy //
Sub Assistant Registrar(CS)
ta
To
1.The Secretary, Ministry of Road Transport and Highways, Transport Bhavan, No.1, Parliament Street, New Delhi.
2.The District Collector, Trichy District, Trichy.
3.The Competent Authority cum Special District Revenue Officer, Land Acquisition (NH 227), Trichy.
+1 CC to M/s.V.MALAIYENDRAN, Advocate ( SR-92730[F] dated 18/10/2019 +1 CC to M/s.AJMAL ASSOCIATES, ( SR-92984[F] dated 18/10/2019 )
ORDER MADE IN W.A.(MD)Nos.1035 and 1036 of 2019 17.10.2019
JMN(11.11.2019) 3P : 6C
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3 issues framed by the court
Whether the land acquisition notification issued under the National Highways Act was vague and untenable.
Whether the change of alignment was justified solely on technical opinion.
Whether the appellants were deprived of adequate opportunity.
2 provisions across 2 enactments
Arun Kuamr
Harish
Rajendran
The Government of India, Rep. by its Secretary, Ministry of Road Transport and Highways
The District Collector, Trichy District
The Competent Authority cum Special District Revenue Officer, Land Acquisition (NH 227), Trichy
T.S.Sivagnanam
R.Tharani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
