The limited right to object under the National Highways Act and the necessity of expert opinion for project viability.

JUDGMENT

(Prayer: W.P. No.30969 of 2013 filed under Article 226 of the Constitution of India praying this Court to issue a writ of certiorari to call for the records relating to the proceedings pursuant to the Notification dated 30.09.2013 of the 1st respondent published in Government of India Gazette No.2274 SC 2952 (E) and the Notification dated 29.10.2013 under Section 3 (g) (3) & (4) of the National Highways Act and quash the same insofar as it relates to the land of the petitioner measuring an extent of 57 sq. mtrs., in Survey No.67/2B1 and 125 sq.mtrs., in Survey No.67/1C1 of Thandalkazhani Village, Tiruvellore District.

W.P. No.11953 of 2014 filed under Article 226 of the Constitution of India praying this Court to issue a writ of certiorari to call for the records relating to the proceedings pursuant to the Notification dated 30.09.2013 of the 1st respondent published in Government of India Gazette No.2274 SC 2952 (E) and the Notification dated 29.10.2013 under Section 3 (g) (3) & (4) of the National Highways Act and quash the same insofar as it relates to the land of the petitioner measuring an extent of 34, 20 and 33 sq.mtrs. in Survey No.115/4A1B1, 115/4A2A and 115/4A1C1 of Padianallur Village, Tiruvellore District.

W.P. No.11954 of 2014 filed under Article 226 of the Constitution of India praying this Court to issue a writ of certiorari to call for the records relating to the proceedings pursuant to the Notification dated 30.09.2013 of the 1st respondent published in Government of India Gazette No.2274 SC 2952 (E) and the Notification dated 29.10.2013 under Section 3 (g) (3) & (4) of the National Highways Act and quash the same insofar as it relates to the land of the petitioner measuring an extent of 43 sq. mtrs. in Survey No.121/6 of Padianallur Village, Tiruvellore District.

W.P. No.11955 of 2014 filed under Article 226 of the Constitution of India praying this Court to issue a writ of certiorari to call for the records relating to the proceedings pursuant to the Notification dated 30.09.2013 of the 1st respondent published in Government of India Gazette No.2274 SC 2952 (E) and the Notification dated 29.10.2013 under Section 3 (g) (3) & (4) of the National Highways Act and quash the same insofar as it relates to the land of the petitioner measuring an extent of 290 sq. mtrs. in Survey No.184/17A of Padianallur Village, Tiruvellore District.)

Common Order:

1. The present writ petitions have been filed assailing the acquisition of the lands made by the respondents/National Highways Authority for the construction of six way lane as bad and the consequential notification issued u/s 3 (D) (1) and Section 3 (G) (3) and (4) are perverse.

2. It is the case of the petitioners that they are the owners of the lands and have been carrying on their export business activity in the said lands, thereby attracting a large volume of foreign exchange. It is the further case of the petitioners that for the purpose of laying down NH-5 Road of the Chennai – TADA Section, lands were sought to be acquired by issuance of Notification in the year 2000 u/s 3 (A) 3 of the National Highways Act (for short ‘the Act’) to which the petitioners submitted their objections and after affording an opportunity of hearing, the objections were overruled and portion of the lands of the petitioners were acquired. However, even at that time, the respondents had stated that there would be no further acquisition of the balance lands of the petitioner.

3. It is the further case of the petitioners that much to their shock and surprise, by issuance of Notification on 17.12.2009 u/s 3 (A) 3 of the Act, further extent of about 912 sq. mtrs., along with building was sought to be acquired for the purpose of expansion of the National Highway and objections were called for to which the petitioners submitted their objections. However, the said objections were mechanically overruled by the respondents, which prompted the filing of W.P. No.13413 of 2010 in which this Court ha