2026 Supreme(Online)(Mad) 36662
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN, JJ
Manothangaraj MLA – Appellant
Versus
The Secretary Ministry Of Environment And Forest New Delhi – Respondent
W.P.(MD)No.9897 of 2019|W.M.P.(MD)Nos.7752, 7753, 7754 & 7755 of 2019
Advocates:
For the Appellants/Petitioners: Mr.T.Arul
For the Respondents: Mr.D.Sasikumar, Additional Government Pleader, Mr.B.Naveenkumar, for Mr.Su.Srinivasan, Mr.R.Vijayarajan, Mr.Madhuri Dondi Reddy, Senior Counsel, Mr.V.Vasantha Kumar
Writ petition challenging highway land acquisition notifications for filling water bodies dismissed as infructuous upon counsel's report that no relief survives.
Headnote:(A) National Highways Act, 1956 - Section 3-A - Environmental protection - Writ petition challenging notifications for land acquisition involving filling up of tanks/ponds and canals/odais for highway construction - Petitioner sought quashment of notifications and restoration of water bodies - Counsel reported prayer infructuous with nothing surviving. (Paras 1-2)
Facts of the case:
Writ petition filed under Article 226 seeking certiorarified mandamus to quash multiple notifications under Section 3-A published in 2010 and 2016, challenging acquisition and filling of specified tanks/ponds and canals/odais in various villages for national highway widening, and directing removal of dumped sand to restore status quo ante.
Findings of Court:
Writ petition dismissed as infructuous upon counsel's report that prayer sought has become infructuous and nothing survives. No order as to costs; connected miscellaneous petitions closed. (Para 2)
Issues: Whether notifications under Section 3-A for acquiring and filling water bodies for highway purposes should be quashed and sites restored.
Ratio Decidendi: Court accepted counsel's submission that relief sought has become infructuous, rendering no adjudication necessary on merits of challenge to land acquisition notifications affecting water bodies.
Result: Writ petition dismissed as infructuous.
| Table of Content |
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| 1. challenges to highway land acquisition notifications affecting tanks and canals (Para 1 , 2) |
ORDER
(Order of the Court was made by N.SATHISH KUMAR, J.)
1.When this writ petition is taken up for hearing today, ie., 04.03.2026, the learned counsel appearing for the petitioner reported that the prayer sought for in this writ petition has become infructuous and nothing survives in this writ petition.
2.Recording the same, this writ petition is dismissed as infructuous. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
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