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2010 Supreme(Mad) 5157

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE M. JAICHANDREN
G. Saroja
Versus
The Government of Tamil Nadu, rep. By its Secretary, Housing and Urban Development, Chennai & Others
W.P. Nos.761, 762, 763, 764 and 765 of 2010, W.P. Nos.13287,13288 and 13289 of 2009, W.P. Nos. 29223, 29224, 29225, 29226, 29227 and 29228 of 2007, W.P. No. 29315 of 2007, W.P.No.27926 of 2007, W.P. No. 28522 of 2007, W.P. No. 4362 of 2010, W.P. Nos. 2940, 2941, 2942, 2943, 2944, 2945, 2946, 2947 and 2948 of 2010, W.P. No. 3924 of 2010, W.P. No. 3925 of 2010, W.P. Nos. 11383, 11384, 11385,11386,11387 and 11388 of 2008, W.P. Nos. 11389, 11390, 11391, 11392, 11393 and 11394 of 2008, W.P. Nos.
Decided On : 02-12-2010

Advocates Appeared:
For the Petitioners:N. Subramaniyan, Advocate.
For the Respondent:P.S. Raman, Advocate General assisted by M. Dhandapani, Special Government Pleader (W) Land Acquisition for D. Veerasekaran (CMDA), Advocate.

Judgment :-

Since, the issues arising for consideration and the facts and circumstances of all the writ petitions are similar in nature, a common order is passed.

2. The main challenge in the above writ petitions relates to the notifications issued by the District Collector, Thiruvallur District, under Section 4(1) of the Land Acquisition Act, 1894, published in the Thiruvallur District Gazette, and the notifications issued by the Special Commissioner and Commissioner of Land Administration, Chepauk, Chennai, under Section 6 of the Land Acquisition Act, 1894, published in the Tamil Nadu Government Gazette, Part-VI-Section 1, to acquire the lands of the petitioners for the public purpose of forming the Outer Ring Road, under the Outer Ring Road Project, proposed by the Government of Tamil Nadu. Some of the petitioners have also prayed for a direction to direct the respondents to form the Outer Ring Road by opting for the alignment passing through the lands in survey numbers, including S.Nos.3,4,6,18,198,308,484,485,541 and 542, of M.G.R.Nagar, Uzhaippalar Nagar and Srivignarajan Nagar etc., and other adjoining areas of Thirunindravur Village, as proposed by the Pallavan Consultancy Services Ltd., Egmore, Chennai.

3. It has been stated that the lands comprised in S.Nos.2, 3, 5, 7, 8, 9, 16, 17, 20, 21 and 22 are classified as residential areas. Several residential buildings had been constructed in the said areas and they have been in existence for several decades. Based on the approval obtained from the Chennai Metropolitan Development Authority, a large number of residents have been living in the said buildings for a number of years. The website of the Registration Department reveals that the areas in question have been classified as residential zone and the guide line values for the lands therein, during the relevant period, prior to 1.8.2007, had varied from Rs.52/- to Rs.128/-per sq.ft. While so, the petitioners had come to know, from the newspaper reports, that the Government of Tamil Nadu has proposed to construct the Outer Ring Road between Vandalur and Minjur.

4. As per the report, it had been learnt that the Government of Tamil Nadu had proposed to form the Outer Ring Road, between the Vandalur and Minjur, having a length of about 63.2 kilometers, for the purpose of reducing the traffic congestion in the city of Chennai and for facilitating the heavy vehicles to by-pass the city of Chennai. It had been gathered that the width of the road would be 400 feet out of which 100 feet at the centre would be earmarked for the railway lines. 60 feet width, on either side of the railway lines had been earmarked to accommodate the roads. The remaining 90 feet, on either side, would be earmarked for the construction of shops and other commercial buildings, in order to reduce the quantum of toll on the vehicles, proposed to be collected for the purpose of constructing the Outer Ring Road. The proposed project is to be executed by private partnership.

5. It has also been stated that the residents of the area concerned were of the belief that the Outer Ring Road would be aligned through poramboke lands available on the eastern side of Prakash Nagar and Lakshmi Nagar and therefore, only a few houses, situated in Sri Vignarajan Nagar, would be affected. However, due to the agitation, caused by some of the local residents, the alignment of the road had been shifted, marginally. However, in view of the fact that a large number of residents were being affected, the Association of the residents of Prakash Nagar had sent several representations to the authorities concerned. In reply to the said representations, the authorities concerned had informed that the Pallavan Consultancy Services Limited, Chennai, would examine the feasibility of shifting the alignment of the road. The Pallavan Consultancy Services Limited had submitted a report, on 6.10.1997, to the Chennai Metropolitan Development Authority, Chennai, expressing its opinion that, by


































































































































































































































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