Petitioner challenged orders acquiring his land for National Highways projects, seeking reconveyance for non-utilization. Court held that post-acquisition and compensation, land vests with the Government for any public purpose, and reconveyance is not claimable.
Rejected petitioner's plea to quash the award and direct reconveyance of the acquired land.
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.
W.P.No.1808 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.07.2023
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
W.P.No.1808 of 2021
and W.M.P.Nos.2018 & 2019 of 2021
Nayaz Ahmed
... Petitioner
Vs.
Salem and Krishnagiri Districts @ Krishnagiri, Krishnagiri.
1/6
W.P.No.1808 of 2021
7. K.H.Gurunath
... Respondents
Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, to call for the records of the respondents in connection with the impugned orders issued by the 4th respondent in ROC. NO.29/ 2003 (A) dated 31.10.2003 and Roc.1933/2007 (Arbit) dated 09.02.2009 and quash the same and further direct the 2nd Respondent to re-convey the petitioner land which is not required for public purpose and grant such other further order as this Honble court may deem fit and proper in the circumstances of the case.
For Petitioner : Mr.R.Dhinesh Kumar For Respondents : (for R1, R4 & R5) : Mr.P.Kumaresan, Additional Advocate General, assisted by Mr.C.Jaya Prakash Government Advocate (for R2 to R3) : Mr.SU.Srinivasan
O R D E R
The writ petition is filed challenging the order dated 31.10.2003 passed by the competent authority under the National Highways Act.
2/6
W.P.No.1808 of 2021
procedures as contemplated for acquisition were followed in consonance with the provisions of the National Highways Act. Thus, after declaration under Section 3D of the National Highways Act, the land shall vest absolutely with the Central Government, free from all encumbrances. Under Section 3D(4), a declaration made by the Central Government under Sub Section (1) shall not be called in question in any Court or by any other authority.
3/6
W.P.No.1808 of 2021
enhancement under the provisions of the Act by approaching the Arbitrator under Section 3G(5) of the Act.
petition, to quash the award and re-convey the land to the petitioner does not arise since the acquisition proceedings has been completed in all respects and the acquired land vests with the Government.
(sha) Index : Yes Speaking Order Neutral Citation : Yes
28.07.2023
4/6
W.P.No.1808 of 2021
To
5/6
W.P.No.1808 of 2021
S.M.SUBRAMANIAM. J.,
(sha)
W.P.No.1808 of 2021
28.07.2023
6/6
2 issues framed by the court
Whether a landowner can claim reconveyance of acquired land if it was not utilized for the original public purpose.
Whether the owner is entitled to reconveyance after the land has vested with the Government under the National Highways Act.
4 provisions across 2 enactments
Nayaz Ahmed
The District Collector, Krishnagiri District
The Chairman, National Highways Authority of India
The Director General, Tamilnadu National Highways Authority of India
The Special District Revenue Officer (LA), NH 7, 46 and 47
The Tahsildar, Soolagiri, Krishnagiri District
S.M.SUBRAMANIAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
