JUDGMENT :

(Prayer: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorari calling for the records relating to the impugned G.O [D] No.28, Highways and Minor Ports [HN2], dated 25.02.2019 issued by the 1st respondent, which is published in Tamil Nadu Government Gazette, Part II-Section 2 dated 13.03.2019, insofar as Sl.No.33, which is relating to the petitioners’ lands in SF.No.557 [eastern part], Odathurai Village, Bhavani Taluk, Erode District and quash the same.)

1. The present writ petition has been filed challenging the Government Order issued by the first respondent under Section 15(1) of the Tamil Nadu Highways Act, 2001 (hereinafter referred to as “the Act”) and the Notification published in the Government Gazette on 13.03.2019, insofar as the lands belonging to the petitioners are concerned.

2. The case of the petitioners is that they are the owners of the subject property and that they have been cultivating the said lands. The second respondent issued a Notification dt. 27.11.2014 under section 15(2) of the Act to acquire large extents of land for the purpose of widening the existing Erode-Ooty State Highways. Pursuant to the Notification, the second respondent issued a show cause notice under Section 15(2) of the Act and directed the petitioners to submit their explanation/objections within a period of 30 days. The petitioners submitted their objections on 25.12.2014.

3. The main objections that were taken by the petitioners is that the lands sought to be acquired are fertile agricultural lands and the existing road margin is more than sufficient to widen the highways.

4. The second respondent thereafter issued an amended acquisition Notification dt.22.12.2018, under Section 15(2) of the Act. By virtue of the amended Notification, the extent of land that was sought to be acquired from the petitioners in Survey No. 557 was increased from 4.62 cents to 21.85 cents. No further or fresh show cause notice was served on the petitioners calling for their objections even though a larger extent of land was sought to be acquired from them.

5. The petitioners came to know about the amended Notification only upon its publication in the newspapers on 28.12.2018. Out of abundant caution, the petitioners submitted their objections on 22.01.2019. The main objection that was raised by the petitioners against the amended Notification was that the lands which formed part of the earlier Notification namely, property bearing S.F. No 567/2, located opposite to the lands belonging to the petitioners, was deleted in the amended Notification. According to the petitioners, the owner of the said property being a police officer had used his influence to get his lands deleted from the amended Notification and thereby, a larger extent was sought to be acquired from the petitioners. To that extent, the petitioners have alleged mala fide on the part of the officials belonging to the Highways Department.

6. The petitioners in fact questioned the amended Notification by filing W.P. No 3026 of 2019. During the pendency of this writ petition, the first respondent proceeded to issue the impugned Government Order which was also published in the Government Gazette. Therefore, the petitioners have filed the present writ petition challenging the acquisition.

7. The second respondent has filed a counter affidavit and the relevant portions in the counter affidavit is extracted hereunder:

“… 5. I humbly submit that in the meanwhile, for the past four years, various land owners, whose lands were sought to be acquired for the present project, have filed writ petitions before the Hon’ble High Court, Madras with regard to alignment as well as on various other grounds. Taking into account of the writ petitions filed by the land owners, the existing Notification to the earlier notice dated 03.12.2014 was issued under u/s. 15(2) of the Tamil Nadu Highways Act on 22.12.2018. The amendment Notification was published in t