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P. T. ASHA
American College – Appellant
Versus
State of Tamil Nadu – Respondent
ORDER :
Prayer: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorari calling for records relating to the acquisition notification issued by the 3rd respondent in his proceedings dated Na.Ka.No. 155/2023/SH-1 dated 24.07.2024 issued under Section 15(2) of the Tamil Nadu Highways Act, 2001 and quash the same as illegal.
1. The Writ petitioner has invoked the jurisdiction of this Court under Article 226 of the Constitution of India for the issue of a writ of Certiorari to call for the records relating to the acquisition notification issued by the 3rd respondent in his proceedings dated Na.Ka.No. 155/2023/S.H-1 dated 24.07.2024 issued under Section 15(2) of the Tamil Nadu Highways Act, 2001.
2. The petitioner’s case is as follows:
The court affirmed that procedural non-compliance does not invalidate acquisition proceedings unless it causes prejudice, and jurisdiction must be established for issuing notifications under the Tami....
Acquisition of land – Non-filing of a statement by way of answer to objections by Highways Department and/or non-furnishing copy of same to original land owners shall not vitiate entire process of ac....
Compliance with publication and hearing requirements of the National Highways Act is essential, but non-inclusion of landowner names in notifications does not invalidate the process.
The court upheld the validity of land acquisition proceedings under the National Highways Act, confirming the necessity of adherence to statutory requirements while emphasizing the priority of public....
The court emphasized the importance of timely filing of objections in land acquisition proceedings and the limited scope of judicial review in such matters, particularly when the project is for publi....
The main legal point established in the judgment is that land acquisition proceedings can be challenged after the passing of the award and receipt of compensation in exceptional cases falling within ....
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