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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R.SWAMINATHAN, M.JOTHIRAMAN, JJ
Union of India, Rep. by its Secretary to Government, Ministry of Road Transport and Highways – Appellant
Versus
R. Thamaraiselvan – Respondent
JUDGMENT :
One R.Thamaraiselvan and V.Ranjith Shankar filed W.P.(MD)Nos.7753 and 12172 of 2018 questioning the notification dated 20.11.2017 issued under Section 3A(1) of National Highways Act, 1956 and the consequential notification dated 01.03.2018 issued under Section 3D(1) of the said Act. The lands belonging to the writ petitioners were included in the said notifications. The acquisition was for forming of “Road Safety Advocacy Project” in the stretch of land from Km 203.00 to 232.00 of NH-7 (Madurai – Kanyakumari Section) in the district of Kanyakumari. The writ petitioners contended that the acquisition was liable to be set aside on the ground of vagueness and for being outside the scope of the relevant statutory provisions. This argument found favour with the learned Single Judge who vide order dated 30.04.2021 quashed the impugned notifications insofar as it related to the acquisition of the lands of the writ petitioners. Challenging the said order, Union of India as well as National Highways Authority of India have filed these intra-court appeals.
2. The learned standing counsel for NHAI reiterated all the contentions set out in the memorandum of grounds of writ appeals and
The court held that the National Highways Authority of India can acquire land for road safety advocacy as it falls within its statutory functions under the National Highways Act.
The court affirmed that the declaration of a road as a national highway is not a prerequisite for land acquisition under the National Highways Act, emphasizing public interest in infrastructure devel....
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 clarified that the declaration of land as a National Highway before acquisition and the Competent Authority's order under the 1956 Act do not require strict adherence to judicial procedures....
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.
Authorities under the National Highways Act are not required to consider objections submitted prior to formal notification when objections are not filed within the prescribed timeframe.
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 ....
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....
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