BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R.SWAMINATHAN, M.JOTHIRAMAN, JJ
Union Of India, Rep. By Its Secretary To Government – 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
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