BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06/11/2008
CORAM
THE HONOURABLE MR.JUSTICE G.RAJASURIA
W.P.(MD)No.9939 of 2008
and
M.P.(MD)No.1 of 2008
S.Lakshmi ... Petitioner
Vs.
1.The Authorised Officer (Land Acquisition)
cum District Revenue Officer,
National Highways No.7,
Karur District.
2.The National Highways Authority of India,
Ministry of Surface Transport and Highways,
New Delhi. ... Respondents
Prayer
Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ of Mandamus, to forbear the first respondent from
evicting the petitioner in S.F.No.2137, 1A1,1A2 situated in Andankovil East
Village, New Bye pass Road, Karur.
!For Petitioner ... Mr.R.Vijayakumar
^For Respondent No.1 ... Mrs.V.Chellammal
Special Government Pleader
For Respondent No.2 ... Mr.Dr.R.Rajagopalan
:ORDER
Heard the learned counsel for the petitioner, Mrs.V.Chellammal,
learned Special Government Pleader,who took notice on behalf of the first
respondent and also Dr.R.Rajagopalan, learned counsel, who took notice on behalf
of the second respondent.
2. The grievance of the petitioner as aired by the learned counsel for the
petitioner placing reliance on the averments in the affidavit accompanying the
writ petition is to the effect the first respondent is taking action under the
National Highways Act and in that process the land belonging to the petitioner
is also being acquired and however pending finalisation, the respondents are
trying forcibly to take possession of the petitioner’s land; so far the
compensation amount has not been deposited for enabling the petitioner to
withdraw it. Hence, she prays for issuance of necessary writ.
3. The learned counsel for the second respondent would convincingly make a
submission to the effect that enquiry under Section 3D of National Highways Act,
1956 was over and the award is going to passed under Section 3 H; after
Notification under Section 3 E alone, possession would be taken.
4. Recording the submissions, this writ petition is disposed of by
stressing that in letter and spirit, the respondent shall adhere the Provisions
of the National Highways Act before dispossessing the petitioner. No costs.
Consequently, connected Miscellaneous Petition is closed.
smn/dp
To
1.The Authorised Officer (Land Acquisition)
cum District Revenue Officer,
National Highways No.7,
Karur District.
2.The National Highways Authority of India,
Ministry of Surface Transport and Highways,
New Delhi.