Authorities cannot encroach land beyond lawfully acquired extent under National Highways Act without proper measurement and boundary fixing.

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus forbearing the respondents, their men, servants, agents or anyone claiming under them from taking possession of or encroaching upon any land over and above the lawfully acquired extent of 863 sq.m. comprised in Survey No.55/3A1 situate at Dadagapatti Village, Salem East Taluk, Salem District, and consequently direct the respondents to strictly confine their possession only to the said acquired extent in accordance with the Award bearing R.O.C.No.538/2021/A6 dated 15.09.2025.

For Petitioner(s): Mr.Venkat Raman for M/s.Tatva Legal Chennai For Respondent(s): Mr.D.Ravichandran Special Government Pleader for R1 and R3

ORDER

This writ petition has been filed to forbear the respondents from taking possession of or encroaching upon any land over and above the lawfully acquired extent of 863 sq.m. comprised in Survey No.55/3A1 situate at Dadagapatti Village, Salem East Taluk, Salem District, and consequently to direct the respondents to strictly confine their possession only to the said acquired extent in accordance with the Award bearing R.O.C.No.538/2021/A6 dated 15.09.2025.

2.The petitioner states that he is the owner of the land measuring 2.16 Acres in Survey No.55/3A situated at Dadagapatti Village, Salem East Taluk, Salem District. Land acquisition proceedings were initiated in the year 2005 for widening National Highway No.7. The notification under Section 3A(1) was issued on 21.11.2005 and declaration under Section 3D(1) was issued on 17.11.2006. An extent of 1,933 sq.m. of petitioner’s land was sought to be acquired and the land was subsequently sub-divided as Survey No.55/3A1 while the remaining land continued as Survey No.55/3A2. An Award came to be passed on 30.07.2007 in respect of 1,070 sq.m. leaving the remaining 863 sq.m. The petitioner received the compensation only in respect of 1,070 sq.m. Subsequently, the petitioner came to know that an Award dated 15.09.2025 had also been passed in respect of the remaining 863 sq.m. However, it is the case of the petitioner that there was prior encroachment by the respondents into his adjoining land. On appointment of an Advocate Commissioner in the suit filed by the petitioner, it was confirmed that there was encroachment over a substantial extent in S.No.55/3A2, thereby establishing the past conduct of the respondents. After several rounds of litigations and pursuant to the orders of this Court, on 16.03.2026, the respondents conducted a survey and installed boundary pegs across the entire stretch of S.No.55/3A1. Despite petitioner’s objections, the respondents proceeded to issue notice under Section 3E(1) on 17.03.2026 calling upon the petitioner to surrender possession. However, according to the petitioner, upon verification through a qualified Engineer and Surveyor, it was found that the respondents had in fact marked and encroached an excess extent of approximately 248 sq.m. over and above the acquired extent of 863 sq.m., which includes the petitioner’s land in S.No.55/3A2 which was never acquired. Therefore, the petitioner has come forward with this writ petition.

3.Learned counsel for the petitioner would submit that the National Highways are trying to take possession of the petitioner’s land in excess to what was actually acquired which is impermissible in law, which is in violation of Article 31 of the Constitution of India. Hence, he prays for appropriate orders.

4.Per contra, Mr.D.Ravichandran, learned Special Government Pleader, who takes notice for the respondents 1 and 3, would submit that the 3^rd respondent may be directed to measure the land and mark the boundaries so that the matter can be given a quietus.

5.Heard the learned counsel on either side and perused the materials avai