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2006 Supreme(Mad) 2325

A.P.SHAH, K.CHANDRU
R. Kumar & Others – Appellant
Versus
State of Tamil Nadu, rep. by its Secretary to Government, Highways Department, Chennai & Others – Respondent


Appearing Advocates: For the Appellants :K.M. Vijayan, Senior Counsel, for LALAW. For the Respondents:P.S. Raman, Additional Advocate-General for M. Dhandapani, AGP.

Judgment :-

K. Chandru, J.

The appellant in W.A.No.1070 of 2006 had filed W.P.No.18050 of 2005, challenging the order of the first respondent in G.O. Ms. No. 92, Highways (HW 1), dated 25.4.2005, published in Gazette No. II(2)/HW/(340e-2)/2005 under Section 15(1) of the Tamil Nadu Highways Act, 2001 in so far as it relates to ac­quisition of the property of the petitioner situate at Government Manavari Survey No. 277-5 (Part) now sub-divided as 277-5B, No. 44, Kottiwakkam Village, Tambaram Taluk, Kancheepuram District, beyond 23 feet from the existing western boundary of the peti­tioner's land as per the sanctioned plan and Master Plan of the second respondent. The other five land owners, viz., the appellants in W.A. No. 1071 of 2006 have filed writ petition in W.P. No. 18051 of 2005 for similar relief. This, according to the appellants/petitioners, is that the acquisition made in respect of the land in question, and was inconsistent with the petitioners' lawful right, which had become fi­nal under the provisions of the Tamil Nadu Town and Country Planning Act, 1971 (for short, ‘TNTCP Act') as per the planning permission issued by the second respondent.

2. It is seen from the records



















































































































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