JUDGMENT :

N. SATHISH KUMAR, J.

This appeal has been filed against the order passed by the Learned Single Judge dismissing the Writ Petition, which has been filed to quash the Notification of the Second Respondent in Ref. No.1/2017/A1 dated --/03/2018 issued U/s.3A(1) of National Highways Act 1956, concerning acquisition of the Appellant’s lands situated in S.F.No.111/1A, 55/3B 2A, 55/3B2B & 55/3B3 with total area of 491 sq mts of Mullapadi Village, Kinathukadavu Taluk, Pollachi Road, Coimbatore District, for the formation of 4/2 laning from Pollachi to Coimbatore Section and as well as the consequential order made in Ref.No.6/2017 dated 25.06.2018 on the file of the Second Respondent.

2. The case of the Appellant in brief is as follows:

2.(a) The Appellant is running an industry in the name and style of M/s.Texmo Precision Castings at Kovilpalayam, Pollachi Road, Coimbatore. Earlier, the Second Respondent issued a notice under Section 3G(3) of the National Highways Act stating that lands to an extent of 659 sq.mts in Survey Nos.111/1A, 55/3B 2A, 55/3B2B and 55/3B3 in Mullapadi Village, Kinathukadavu Taluk, Pollachi Road, Coimbatore District, were needed for a public purpose, namely, widening four lane, building, maintenance, management and operation of the National Highways No.209, in the stretch of land from 123-550 km to 150-400 km. The lands proposed to be acquired are abutting to the road measuring 306.6 mtrs length and 2.15 mts width. Even though the Appellant was affected by the said acquisition, they accepted the acquisition proceedings in the larger public interest and made a claim for a sum of Rs.7,91,65,726/- as compensation. When the above award proceedings is pending, once again, the Second Respondent issued another notification under Section 3A(1) of the National Highways Act, stating that another extent of 491 sq.mts in the above said survey numbers sought to be acquired for widening of the road and invited objections. The Appellant submitted their objection on 13.04.2018 on the ground that the acquisition of the land would greatly affect the industrial security and it will also affect the septic and sewage line system, security cabin, pathway access to approach the dining room. The above objection was forwarded by the Second Respondent to the Third Respondent inviting his remarks and after enquiry, the Second Respondent has passed the impugned order, thereby rejecting the Appellant’s request for excluding the land.

3. The Third Respondent in their counter affidavit have stated that the up-gradation of Dindigul-Bangalore Road in NH-209 to four lane with paved shoulders in the State of Tamilnadu was taken up by the National Highways Authorities of India and the above project was transferred to State Highways Authority for implementation after finalisation of tender. After finalisation of tender, the agreement entered into between the National Highways Authority of India and the contractor. As per the agreement, there is a provision for construction of four laning Railway Over Bridge, and the four laning of the project is to be carried out with the existing Right of Way and acquisition for additional land to be carried out for the insufficient Right of Way available all along the stretch, and also for service Road, Truck Lay Bye, Bus Bays and Toll Plaza, etc. Accordingly, the additional land required as per the design and drawing for the above captioned project with service roads in habitation areas are arrived in addition to the existing Right of Way. Based on the area arrived a notification under Section 3(A)(1) of the National Highways Act has been published in respect of the land involved for acquisition and notice was also issued to the land owners, the representative of the Appellant appeared before the Second Respondent and the Second Respondent, after hearing the Appellant’s objection, rejected the objection on the ground that the Appellant’s lands were very much required for implementation of the project consi