K. Ravichandra Babu, J.

1. The petitioner is an Educational Trust and is aggrieved against the notification dated 13.05.2014 issued by the Ministry of Road Transport and Highways, Union of India, under Section 3A(1) of the National Highways Act, 1956 and the consequential proceedings of the 3rd respondent, dated 09.07.2014, issued under Section 3C(2) of the said Act and further notification issued by the second respondent under Section 3D(1) of the said Act. In effect, through the above-said impugned proceedings, the lands referred to in the writ petition are subjected to acquisition proceedings under the National Highways Act, for the purpose of building, widening/to leaning with paved shoulders etc., Maintenance/Management and operation of National Highways No. 226 on the stretch of land from Kilometer 0/000 to KM 155/626 (Thanjavur-Manamadurai) Section in the District of Pudukkottai. Through the impugned proceedings, vast extent of lands belonging to various persons including the subject matter lands are sought to be acquired for the above-said purpose.

2. The case of the petitioner in short is as follows:-

"The petitioner trust was established and registered on 20.06.2006 for establishing an Anglo Indian Matriculation School in the outskirt of Pudukottai. The 4th respondent (hereinafter called as SIPCOT) has established an industrial park, namely, SIPCOT Industrial Complex at Pudukottai, after obtaining permission from the Town Planning Commissioner under the provisions of Tamil Nadu Town and Country Planning Act. At the request of the petitioner, the SIPCOT accepted to allot a vacant site within the said industrial complex, which is earmarked for school and playground, for establishing a school by the petitioner. An order, dated 22.12.2008, was passed by SIPCOT allotting a vacant site/plot on a lease to the petitioner for a period of 99 years with further permission to put up school building in the said land. A lease deed in favour of the petitioner was also executed on 20.04.2009. Thus, the petitioner is in possession and enjoyment of the said property. The petitioner obtained building plan approval from the local village panchayat on 11.01.2011 and started constructing the school building and thereby incurred a cost of about Rs. 70,00,000/- so far, towards such construction. While so, the 2nd respondent issued the impugned notification, dated 13.05.2014, under Section 3A(1) of the National Highways Act, 1956, proposing to acquire a part of the land given on lease to the petitioner. A paper publication was issued by the 3rd respondent on 22.05.2014 regarding such proposal to acquire the lands. The petitioner made objection on 07.06.2014 by contending that such acquisition would make it impossible for the petitioner to establish a school, especially, when the said land was earmarked only for the purpose of establishing a school and playground. The petitioner also pointed out the availability of alternative poramboke land, so that the re-alignment of the proposed two laning of National Highways can be made without causing any damage to the petitioner's proposed school. On 09.07.2014, the 3rd respondent rejected the petitioner's request and consequently, the 2nd respondent issued a notification under Section 3D(2) of the said Act. The impugned proceedings are illegal, arbitrary and in violation of the provision of National Highways Act, 1956 and Tamil Nadu Town and Country Planning Act 1971."

3. The 2nd respondent filed a counter affidavit and also filed an additional counter affidavit. The 3rd respondent filed a separate counter affidavit. The sum and substance of the counter affidavit filed by the respondents 2 and 3 are as follows:-

"The Ministry of Road and Transport and Highways has committed to develop the Thanjavur-Manamadurai section into two lanes with paved shoulders through the National Highways Authority of India as a single package. However, after considering the financial viability, the project has been divi