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S. SRIMATHY
A. Gunasekaran – Appellant
Versus
Government of India, Represented by its Secretary, Ministry of Road Transport and Highways, Transport Bhavan, New Delhi – Respondent
JUDGMENT
(Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents or the subordinates from in any way interfering with the petitioner''s right to his property in S.No.34/3A1, Usilampatti Village, Madurai District (Corresponding to Patta 268), without acquiring the same as provided under the National Highways Act, 1965, or the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.)
This Writ Petition is filed for Mandamus, forbearing the respondents or the subordinates from in any way interfering with the petitioner''s right to his property in S.No.34/3A1, Usilampatti Village, Madurai District (Corresponding to Patta 268), without acquiring the same as provided under the National Highways Act, 1965, or the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
2. The respondents have issued notification for acquisition of various lands in Usilampatti Village, Madurai District and issued notification No.3A of the National Highways Act, 1956. The petitioner is the owner of the land in Surv
The deliberate failure to claim compensation for the land, despite being aware of the ownership and the opportunity to object to the acquisition, led to the dismissal of the Writ Petition.
The land acquisition process is valid despite claims of forgery in records without prior objections raised during the process.
Subsequent purchasers of land after the issuance of acquisition notifications cannot challenge the acquisition, and delay in filing a petition to challenge an acquisition should be viewed seriously.
The court emphasized that failure to follow mandatory procedures in land acquisition invalidates the award, highlighting the necessity of proper notifications and consideration of market value as per....
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