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M. R. SHAH, B. V. NAGARATHNA
M. Mohan – Appellant
Versus
State Government of Tamil Nadu – Respondent
JUDGMENT :
M.R. Shah, J.
1. Feeling aggrieved and dissatisfied with the impugned common judgment and order dated 22.03.2022 passed by the High Court of Judicature at Madras in Writ Appeal Nos. 2169 and 2170 of 2021, by which, the Division Bench of the High Court has dismissed the said appeals and has confirmed the judgment and order passed by the learned Single Judge in respective writ petitions, the original writ petitioner – original land owner has preferred the present Special Leave Petitions.
2. That the lands in question owned by the petitioner herein – original land owner were required to construct Grade Separators on Periyar EVR Salai near Aminjakari, Nelson Manickam Road Junction and Anna Nagar 3rd Avenue junction, for the purpose of constructing a Flyover and Subway in the said location. The said lands were acquired under the provisions of the Tamil Nadu Highways Act, 2001 (hereinafter referred to as the Act, 2001). That a notice under Section 15(2) of the Act, 2001 was issued inviting objections of owners and any other person having interest in the lands to be acquired to show cause as to why the lands may not be acquired. The petitioner herein – original land owner submitte
Acquisition of land – Non-filing of a statement by way of answer to objections by Highways Department and/or non-furnishing copy of same to original land owners shall not vitiate entire process of ac....
The court affirmed that procedural non-compliance does not invalidate acquisition proceedings unless it causes prejudice, and jurisdiction must be established for issuing notifications under the Tami....
Compliance with publication and hearing requirements of the National Highways Act is essential, but non-inclusion of landowner names in notifications does not invalidate the process.
The court emphasized the importance of timely filing of objections in land acquisition proceedings and the limited scope of judicial review in such matters, particularly when the project is for publi....
The main legal point established in the judgment is the importance of complying with the specified time frame for filing objections under the National Highways Act and the court's emphasis on the pub....
Absence of any reference to a plan in the Notification and infact non-availability of any plan linked to the notification, fortifies argument that the description of the land under acquisition in the....
The procedure under Sections 3G and 3E of the National Highways Act was duly followed in passing the awards.
Authorities under the National Highways Act are not required to consider objections submitted prior to formal notification when objections are not filed within the prescribed timeframe.
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