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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R.SUBRAMANIAN, L.VICTORIA GOWRI
N.Jothi – Appellant
Versus
Divisional Engineer, National Highways – Respondent
| Table of Content |
|---|
| 1. challenge of notice under national highways act (Para 1 , 2) |
| 2. authority of divisional engineer questioned (Para 3 , 4 , 5) |
| 3. required procedures for eviction are not followed (Para 6 , 7 , 8) |
| 4. writ petition allowed; impugned notice quashed (Para 9) |
ORDER :
R. SUBRAMANIAN, J.
The notice issued under Section 26 (2) of the Control of National Highways [Land and Traffic] Act, 2002, is under challenge in this Writ Petition.
2. This case has a chequered history. Originally, a notice was issued by the respondents under Section 5 of the NATIONAL HIGHWAYS ACT , 1956. The same was put to challenge. This Court rejected the challenge. The petitioner went on appeal to the Hon'ble Supreme Court. The Hon'ble Supreme Court set aside the orders of the Division Bench of this Court on the conclusion that invocation of Section 5 of the NATIONAL HIGHWAYS ACT , 1956, for removal of encroachments on National Highways is impermissible and the law that is to be applied is the Control of National Highways [Land and Traffic] Act, 2002. It was also held that the notices for removal of encroachment shall be issued by the Highway Administration or the Officer authorized by the Highway Admin
The court emphasized the necessity for authorized personnel to issue eviction notices under the Control of National Highways Act, adhering to procedural requirements to ensure the validity of such ac....
Unauthorized occupants of highway land, as defined under Section 2(m) of the Control and National Highways (Land and Traffic) Act, 2002, are subject to eviction under Sections 26 and 27 of the Act, f....
Encroachments make further widening of existing roads in response to growing traffic.
Highway authorities must consider petitioner's representation and documents before enforcing removal of identified encroachments under Section 28(2)(ii) of the Highways Act following final notice.
The court emphasized the need for inspection and potential action under the Act against unauthorized occupation affecting access to property.
A statutory notice under the Tamil Nadu Highways Act for encroachments is valid unless issued by an incompetent authority, emphasizing the necessity of public safety and removal of encroachments.
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