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2026 Supreme(Online)(Mad) 26106

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.Swaminathan, R.Poornima, JJ
G.Ajee Baasha – Appellant
Versus
National Highways Administration Authority of India – Respondent


Advocates:
For Petitioner: Mr.S.Vinod Sathya Lazar
For Respondents: Mr.S.Vino Gokul Abimanyu, For M/s.Arulvadivel Associates for R1 & R2, Dr.R.Rajagopal for R3, Mr.G.V.Vairam Santhsoh, Addl. Government Pleader for R4 & R5

Table of Content
1. challenges notice under section 26(2) for alleged encroachment. (Para 2 , 3)
2. objection pending due to interim stay. (Para 4)
3. directs nhai to decide objection following procedure. (Para 6)

(Order of the Court was delivered by G.R.Swaminathan, J.)

Heard both sides.

2.What is impugned in this writ petition is the notice for removal of unauthorized occupation under Sections 26(2) of the Control of National Highways (Land and Traffic) Act, 2002 issued by the authorized officer of NHAI.

3.The impugned notice reads that the noticee can offer his explanation within seven days from the date of receipt of the notice. It is stated by the learned counsel for the writ petitioner that in response to the notice, the petitioner offered his explanation on 02.02.2021. We went through the contents of the said reply. The writ petitioner has taken a specific plea that a large extent of land in Survey No.69/2, Pitchandarkoil village belonged to his family and that a few decades ago, a portion of the same was acquired for laying the petition mentioned National Highway. The petitioner would further claim that boundaries were already marked and that only beyond the said limits and on his

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