IN THE HIGH COURT OF JUDICATURE AT MADRAS
V. BHARATHIDASAN, J.
K. Selvaraj & Others - Appellant
Versus
The State Government of Tamil Nadu Rep. by Principal Secretary to Government, Highways & Minor Ports Department, Chennai - Respondent
Writ Petition Nos. 8468, 8469 of 2014 & 3850 of 2015 & M.P. No. 2 of 2014 & 2 of 2015 & W.M.P. No. 6641 of 2018
Decided on : 20-02-2019
Tamil Nadu Highways Act, 2001 - Section 15(1), 8(1), 25 - Acquiring the lands - Petitioners are owners of the respective lands referred to above which are situated at Chennai Metropolitan Development Authority as a part of its Second Master Plan has proposed to develop the Outer Ring Road [ORR] along periphery of Chennai Metropolitan Area of Tamil Nadu. The Outer Ring Road connects NH-45 (GST Road) - Above said outer ring road intersects 5 major roads - An administrative sanction was obtained for the acquisition of additional private lands and transfer of Government lands for construction of bus byes, truck lay byes, junction improvements and wayside amenities and also interchanges in Chennai Outer Ring Road, Phase-I – Held, The learned senior counsel for the petitioners would lastly contend that the lands in question were sought to be acquired for the purpose of construction of truck lay bye which has got nothing to do with the Highways and as such no land can be acquired under the Tamil Nadu Highways Act - Argument also cannot be countenanced for the simple reason that providing the facility of truck lay bye is only a part and parcel of the project road amenities and it is one of the facilities provided for the users of the outer ring road Phase-I and from any angle it cannot be staid that it was for a different purpose - Court does not find any merit in the arguments advanced by the learned senior counsel for the petitioners and the writ petitions deserves only to be dismissed - Writ petitions are dismissed
1. Challenge in all these writ petitions is to the Notification issued by the 1st respondent under Section 15(1) of the Tamil Nadu Highways Act, 2001 (hereinafter called as "the Act"] acquiring the lands belonging to the petitioner for constructing truck lay byes as a part of development of Chennai Outer Ring Road Phase-I along the periphery of Chennai Metropolitan Area in Kancheepuram and Tiruvallur District as proposed by the Chennai Metropolitan Development Authority.
2. The common case of the petitioners in all these writ petition, in brief, is as follows:- The petitioners are the owners of the respective lands referred to above which are situated at Thookkanampattu Village, Poonamallee Taluk, Tiruvallur District. The Chennai Metropolitan Development Authority [in short, "the CMDA"] as a part of its Second Master Plan has proposed to develop the Outer Ring Road [ORR] along the periphery of Chennai Metropolitan Area in Kancheepuram and Tiruvallur District of Tamil Nadu. The Outer Ring Road connects NH-45 (GST Road) at Vandalur and NH-4 (GWT Road) at Nazarathpet and NH-205 at Nemilichery. The above said outer ring road intersects 5 major roads namely, NH45, NH-4, NH-205, NH5 and Thiruvottiyur - Ponneri - Panchetti Road. An administrative sanction was obtained for the acquisition of additional private lands and transfer of Government poramboke lands in Tiruvallur District for the construction of bus byes, truck lay byes, junction improvements and wayside amenities and also interchanges in Chennai Outer Ring Road, Phase-I. Thereafter, a notification under Section 15(2) of the Act was issued on 29.05.2013, calling upon the respective land owners to give their objections, if any, for acquisition of the lands for providing truck lay bye with a total extent of 9140 square feet of lands and the enquiry was fixed on 18.06.2013. In the mean time, all the petitioners had submitted their objections stating that already a major portion of their lands were acquired for the formation of outer ring and after such acquisition, the remaining portion of the lands have been classified as primary residential zone in the Second Master Plan. Constructing truck lay bye is a commercial activity which is not permissible under the primary residential zone. That apart, if hazardous and dangerous explosives laden commercial vehicles and LPG tankers which are highly inflammable are allowed to be parked near the residential zone, the same would disturb the peaceful atmosphere in the primary residential zone. Further, according to the petitioner, along the very same ring road already truck terminus are planned at 10 places and a truck yard is situated hardly within 6 kms from the land which are proposed to be acquired and as such there is no necessity to provide another truck lay bye by acquiring the petitioners' lands. That apart, if the truck lay bye is permitted, there is likelihood of dumping and spitting of wastes and plastic materials which would certainly lead to an environmental pollution in the locality.
3. It is the further case of the petitioners that after the receipt of their objections, the Land Acquisition Officer did not conduct any enquiry and no order has been passed on their objections as contemplated under Section 15(3) of the Act r/w Rule 5 of the Tamil Nadu Highways Rules, 2003 [hereinafter referred to as "the Rules"]. According to the petitioners, after the receipt of their objection and remarks from the requisitioning body, an enquiry should be conducted and the Land Acquisition Officer should record the statement of the petitioner and thereafter only, the Land Acquisition Officer is expected to submit his report to the Government for passing appropriate orders under Section 15(3) of the Act. But, no such enquiry was conducted by the Land Acquisition Officer. Even though the notices were issued under Section 15(2) of the Act calling for objections from the petitioners stating that the lands are sought to be acquired
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.