Petitioner sought a writ of mandamus directing respondents to return acquired lands. Court held that the National Highways Act, 1956 lacks provisions for re-conveyance. Consequently, the relief was denied.
Relief sought for returning acquired lands to the petitioner was denied and no costs were awarded.
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: 16.09.2020
CORAM :
The HON'BLE MR.JUSTICE M.DURAISWAMY
W.P.No.16186 of 2011
G.Poosanam ... Petitioner
Vs.
Jakkappan Nagar Krishnagiri.
... Respondents
Petition filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus, to direct the first respondent to return the lands in Survey Nos.297 & 298 situated at Melmanavur Village, Vellore Taluk and District, to the petitioner for which, the petitioner has made a representation dated 11.04.2011 and marked copies to the respondents 2 to 4.
For Petitioner :Mr.R.Malaichamy For Respondents:Mr.Su.Srinivasan
Standing Counsel for R1
Mr.M.Elumalai
Additional Government Pleader [RR2 to 4]
O R D E R
The petitioner has filed the above writ petition to issue a Writ of Mandamus directing the first respondent to return the
lands in Survey Nos.297 & 298 situated at Melmanavur Village, Vellore Taluk and District to him, for which, he has made a representation dated 11.04.2011 with a copy marked to the respondents 2 to 4.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
ds
To:
W.P.No.16186 of 2011
AJS(CO) RMP(29/10/2020)
2 issues framed by the court
Whether a writ of mandamus can be issued directing the respondent to return acquired lands when the National Highways Act lacks a provision for re-conveyance.
Whether acquired lands that have not been utilized can be returned to the original owner in the absence of statutory mandate.
2 provisions across 2 enactments
GPoosanam
The Project Director, National Highways Authority of India, No.7E, 5<sup>th</sup> Cross Jakkappan Nagar Krishnagiri
The District Collector, Sathuvachari Vellore District
The Special District Revenue Officer, National Highways – Land Acquisition Vellore
The Special Tahsildar, O/o The Special District Revenue Officer National Highways – Land Acquisition Vellore
M. Duraiswamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
