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2018 Supreme(Mad) 4503

N.SESHASAYEE
N. Tamil Selvi – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :V. Raghavachari for C. Jagadish, Advocate
For the Respondents:Richardson Wilson, Advocate, C. Thirumaran, Special Government Pleader assisted by M. Elumalai, Government Advocate

JUDGMENT :

N. Seshasayee, J.

1. Seeking issuance of a Writ of Certiorari for quashing a Land Acquisition proceedings under the National Highways Act as contravening the scheme of the Act, the Petitioner herein has approached this Court.

1.1. The brief statement of facts are:

• The Petitioner owns about 1.5 hectares of Agricultural lands comprised in S. Nos. 3/1A & 3/1B in Kanchanayakkanthottam Village, Thanjavur District. It lies adjacent to Vennar River. It is an Agricultural property where the Petitioner cultivates paddy. The Petitioner purchased it in the year 1996.

• While so, a Notification in S.O. 69(E) was published under Gazette of India Extraordinary No. 65, Part-II, Section-3, sub-section (ii) dated 7.1.2013, under Section 3-A(1) of the National Highways Act, 1956, and it was followed by the Publication of the substance of the Notification under Section 3-A(3) of the Act in an English and a vernacular Newspapers both dated 15.2.2013. This Notification pertains to conversion of NH-45 in the stretch from 100/000 to 165/000 km. This Notification indicated the intent of the Central Government to acquire inter alia the Petitioner's lands referred to above. The Government has not no

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