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2018 Supreme(Mad) 1464

T.RAJA
E. Poonkodi – Appellant
Versus
National Highways Authority of India, Rep. By its Director, Industrial Estate, Guindy – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.I.Abrar Md.Abdulla
For the Respondent: Mr.R.Singaravelan, SC for Ms.S.R.Sumathi, Mr.D.Surya Narayanan, AGP

ORDER :

1. By way of filing this writ petition, the petitioner seeks to forbear the respondents from constructing Highway Nest (mini) on NH-7 (New No.44) within a distance of 200 to 250 metres from Rasampalayam Toll Plaza in front of the petitioner's property situated at Survey No.235/1B2B and 235/2B1A, Rasampalayam Village, Namakkal Taluk, Paramathi Sub Registration District, Namakkal Registration District, Namakkal District.

2. Mr.I.Abrar Md.Abdullah, learned counsel for the petitioner submitted that the petitioner is the owner of the lands bearing Survey Nos.235/1B2B and 235/2B1A, situated at Rasampalayam Village, Namakkal Taluk, Paramathi Sub Registration District, Namakkal District and that the revenue records, such as Patta and Adangal, have been effected in her name. Since the National Highway in NH-7 (new No.44) is running on the western side of her property, various constructions have been made adjacent to the Highway, such as Temple fence, Restaurants, ATMs, etc. and those buildings have been constructed adjacent to the service lane in Highway within a distance of 500 metres from the fee axis/toll booth, which is also permissible as per Section 16 of the National Highways A














































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