The main legal point established in the judgment is the significance of a dispute over the right and title of the petitioner in land acquisition cases under the National Highways Act.

S.J. Mukhopadhaya, J.

The Writ Petition was preferred by the petitioner-A.Muruganandham, for issuance of a Writ of Certiorarified Mandamus, challenging the order dated 17. 2005 passed under Section 30 (3) of the National Highways Act, 1956, published in "Thina Thanthi" (Cuddalore Edition), with a further prayer to forbear the first respondent from taking any further action pursuant to the said order in respect of the lands belonging to the petitioner situated at at U.Keeranur Village, Ulundurpet Taluk, comprising Survey No.450/3A 5, 0.05 acres, 450/3A 6, 0.01.5 acres, 450/3A 7-0.01.5 acres, 450/3A 8-0.02.5 acres, 450/3B 0.02.5 acres (Old Survey No.450/3 Total Extent 0.85 cent).

2. The lands in question were acquired under the National Highways Act (for short, "N.H. Act") by the National Highways Authority of India (hereinafter referred to as "the National Highways Authority").

3. In the Writ Petition, the learned single Judge having passed the interim order, has made it absolute and as the Writ Petition was preferred without impleading the National Highways Authority as party-respondent, the Writ Appeal has been preferred by the National Highways Authority after obtaining leave of the Court.

4. In the aforesaid background, both the Writ Petition and the Writ Appeal were heard together for disposal by this common judgment.

5. Learned counsel appearing for the writ petitioner challenged the Notification dated 17. 2005 issued under Section 3G(3) of the National Highways Act on the ground that the writ petitioner was not given notice. He relied on the publication made in the newspaper "Thina Thanthi" (Cuddalore Edition), dated 20.7.2005 at Sl.No.42 to show that the name of the writ petitioner was not reflected therein, but the name of one Rajalakshmi was shown. It is submitted that no notice was given to the writ petitioner and without hearing, the impugned Notification was issued.

6. Mr.P.Wilson, learned Assistant Solicitor General of India, appearing on behalf of the National Highways authorities, submitted that certain lands adjoining National Highways-45 in U.Keeranur Village, Ulundhurpettai Taluk, were the lands in question to be acquired by the National Highways Authority for four laning and improvements of NH-45 and for this purpose, the District Revenue Officer, Villupuram was appointed as competent authority under Section 3(a) of the N.H. Act, 1956 by the Central Government Gazette No.858 S.O.1162(3), dated 211. 2001. Subsequently, a Special District Revenue Officer was appointed solely for acquisition of the lands for National Highways, Villupuram. The Government of India re-designated the Special District Revenue Officer (Land Acquisition), National Highways, Villupuram, as the competent authority under the N.H. Act. As per the land plan schedules furnished by the Project Director, Project Implementation Unit, National Highways Authority of India, Tiruchirapalli, the followings lands in U.Keeranur Village of Ulundhurpettai Taluk were acquired. Notification under Section 3-A(1) of the N.H. Act was published on 16. 2004, followed by paper publication in Tamil newspaper "Dinamalar" dated 7. 2004 and in English newspaper "The New Indian Express" dated 7. 2004. Apart from that, the Notification aforesaid was also published in the Village on 17. 2004 under Section 3-A(3). Within the statutory period of 21 days, six other land owners, viz. (1)Thiru.Periyannan, S/o Muniyan (2)Kuppusamy, S/o Mannankatti, (3)Palanival, S/o Muniyan, (4) Tmt.Vaijayanthimala, D/o Subramaniyan, (5)Tmt.Muthuammal, W/o Mottaiyan and (6) Radhakrishnan, S/o Venkatachala Padayachi, filed objections. After necessary enquiry, the Special District Revenue Officer (Land Acquisition), National Highways, disallowed the objections, vide proceedings Rc.A23/2003/NH-45/Ulundh/dated 1. 2005. The writ petitioner never preferred any objection to the said acquisition of the lands at the time of the Notification issued under Section 3-A(1) of the N.H. Act.