Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.SURESH KUMAR, G.ARUL MURUGAN
G.Kesavan – Appellant
Versus
Union of India, Rep. by its Secretary – Respondent
ORDER :
R. SURESH KUMAR, J.
Though these three writ petitions were filed independently by three different writ petitioners, in view of the prayer that has been sought in these writ petitions which is one and the same and the issue raised in these writ petitions is a common one, all these three writ petitions were heard together and are disposed of by this common order.
2. The facts in nutshell which are required to be noticed for the disposal of these writ petitions are as follows :
(i) The first respondent had issued a notification under Section3-(A)(1) of the National Highways Act, 1956, in short “the Highways Act” in the Gazette of India Publication, dated 24.09.2020 for the intention of the Government to acquire land for laying or expansion of four lane in National Highways 744.
(ii) Subsequently, notification under Section 3-(D)(1) and (2) of the Highways Act was published in the Gazette of India dated 29.01.2021 and the notice under Section 3-(G)(3) of the Highways Act also have been published in the newspaper on 19.02.2021.
(iii) In order to challenge all these notifications, these writ petitioners had chosen to file these writ petitions, however with the prayer primarily to seek
The court affirmed that the provisions of the National Highways Act remain valid, and the 2015 Order under Section 113(1) effectively extends the 2013 Act's benefits to land acquisition under the Fou....
The provisions of the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013, apply to land acquisitions under the National Highways Act, requiring a detailed examination of indivi....
Schedule-II deals with elements like provision of housing units in case of displacement, land for land, offer for developed land, choice of Annuity of employment, Subsistence grant for displaced fami....
Acquisition of Land – Suppression of material facts - Material on record belies the plea of the petitioners and nondisclosure of this crucial fact is not only misleading, but also constitutes suppres....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
