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2020 Supreme(Mad) 2290

IN THE HIGH COURT OF MADRAS
N. Anand Venkatesh, J.
M. Leninkumar and Ors. - Appellant
Versus
The State of Tamilnadu and Ors. - Respondent
W.P. Nos. 13976, 15123 of 2020, WMP Nos. 17360 and 17361 of 2020
Decided On : 28-10-2020

Advocates Appeared:
For the Appellant : N. Manoharan
For the Respondent:S.R. Rajagopal, Additional Advocate General assisted by V. Anandamoorthy, Additional Advocate General

Headnote:

Tamil Nadu Highways Act, 2001 - Section 15(1) and 15 (2) - Tamil Nadu Highways Rules, 2003 - Rule 5(3) - Land Acquisition Act, 1894 - Section 5-A - Notification - Challenged - Acquisition proceedings - Power to acquire land - Petitioners are owners of various house properties constructed - Government of Tamil Nadu initiated acquisition proceedings under Highways Act, for purpose of formation of Chennai Industrial Corridor Project - 2nd respondent issued a notice under Section 15(2) of Act, which was published in the daily newspaper - 2nd respondent also issued individual notices to petitioners - Petitioners submitted their objections immediately on receipt of the notice - Held, It is very clear from the above that 1st respondent has mechanically passed Impugned Order, without any application of mind and without considering objections raised by the petitioners - Notification issued under Section 15(1) of Act, is only a consequence to this order and therefore, the same also requires interference of this Court insofar as the petitioners are concerned - Court has absolutely no hesitation to interfere with Impugned Proceedings of the 2nd respondent, Impugned Order of 1st respondent and consequent Notification, issued under Section 15(1) of Act 2002, insofar as petitioners are concerned and accordingly same is hereby quashed - Writ Petitions allowed.

ORDER :

N. Anand Venkatesh, J.

1. The issues involved in both the Writ Petitions are common and therefore they are taken up together and this common order is passed.

2. The petitioners have challenged the impugned proceedings of the 2nd respondent dt. 17.06.2020 in W.P. No. 13976 of 2020. The same petitioners have also challenged the subsequent notification issued by the 1st respondent under Section 15(1) of the Tamil Nadu Highways Act, 2001 (herein after called 'the Act') dt. 23.07.2020 in W.P. No. 15123 of 2020.

3. The petitioners are the owners of various house properties constructed in S.F. No. 299, Akkiyampatti Village, Namakkal District. The Government of Tamil Nadu initiated acquisition proceedings under the Highways Act, for the purpose of formation of Chennai-Kanyakumari Industrial Corridor Project. The 2nd respondent issued a notice dt. 23.03.2020 under Section 15(2) of the Act, which was published in the daily newspaper on 21.04.2020. The 2nd respondent also issued individual notices to the petitioners. The petitioners submitted their objections immediately on receipt of the notice. Thereafter, notices were issued to the petitioners dt. 18.05.2020, by the 2nd respondent for conducting enquiry under section 15(3) of the Act r/w Rule 5(3) of the Tamil Nadu Highways Rules, 2003. The petitioners appeared for the enquiry and submitted their objections along with all the relevant materials. The 2nd respondent proceeded to pass the Impugned Order dt 17.06.2020 and this has been put to challenge in W.P. No. 13976 of 2020. Thereafter, the Commissioner of Land Administration [the Government has authorised Commissioner of Land Administration, Chennai in exercise of its power under Section 56(1) of the Act] has proceeded to publish the notification under Section 15(1) of the Act, in the Government Gazette on 23.07.2020. This has been put to challenge by the petitioners in W.P. No. 15123 of 2020.

4. The 2nd respondent has filed a common counter affidavit in both the writ petitions. The relevant portions in the counter affidavit are extracted hereunder:

    8. It may be further reported that regarding paragraph 7 to 10 of the Affidavit, that for the purpose of widening the Mohanur-Namakkal-Senthamangalam-Rasipuram Road (SH-95) the Divisional Engineer (Highway) CKICP had sent land Plan Schedule on 18.03.2020. The Notification under Sec. 15(1) of State Highways Act 2001 was published by Special District Revenue Officer (L.A.), CKIC Project, Salem on 21.04.2020 in Dinamani and Indian Express Newspapers. As per the procedures laid down in this Act subsequently individual notices were issued and served to the affected pattadhars on 22.04.2020.

9. It is further after submitted, that the receipt of individual notices, all the petitioners in W.P. 13976/2020 have given their objection letters for land acquisition addressing Special District Revenue Officer (L.A.), CKIC Project had conducted an "objection enquiry" on those objection petitions on 26.05.2020 at Highways Traveller's Bungalow, Namakkal. In the meantime these petitions were forwarded to Divisional Engineer (Highways), CKIC Project to offer his feasibility Report on their grievances. The Divisional Engineer (Highway) CKIC Project had given his rejection report on 21.05.2020 stating the reason that the proposed and approved alignment cannot be altered due to the significance of the public utility of this road. In the objection enquiry on 26.05.2020 due opportunity of being heard was extended to all the objectioners and the non feasibility of redressing their grievances was properly explained to them by Special District Revenue Officer (L.A.) CKIC Project in person.

10. Holding the significance of the Public utility of the road in mind and after careful consideration, as per the provisions of Sec. 15(3) of Highways Act 2001, a reply letter in the form of Proceedings was issued to all the

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