Vimal Kumar Galada v. The Union Of India
In the High Court of Judicature at Madras Dated : 10.2.2025 Coram :
The Honourable Mr.Justice N.ANAND VENKATESH Writ Petition No.37582 of 2007 & M.P.No.1 of 2007 1.Vimal Kumar Galada 2.Siddarth Galada
...Petitioners
Vs 1.The Union of India, rep.by Secretary to Government, Ministry of Surface Transport, New Delhi.
2.National Highways Authority of India, rep.by its Project Director, VIII Floor, SPIC Building, 88, Anna Salai, Chennai-32.
3.The District Revenue Officer & Competent Authority (National Highways), Kancheepuram & Tiruvellore Districts, Kancheepuram.
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Declaration declaring Section 3J of the National Highways Act as unconstitutional and illegal. For Petitioners :
Mr.A.Jenasenan For R2 :
Mrs.S.R.Sumathy, 1/3
Standing Counsel For R3 :
Mr.A.Selvendran, SGP
ORDER
This writ petition has been filed seeking for a Writ of Declaration declaring Section 3J of the National Highways Act as unconstitutional and illegal.
2. Heard both.
3. The issue involved in this case is squarely covered by a judgment of the Apex Court in the case of Government of India Vs. Tarsem Singh [reported in 2019 (9) SCC 304]. Ultimately, a clarification was sought for by the Union of India and the same was also negatived by the Apex Court by order dated 04.2.2025 in M.A. No.1773 of 2021 in Civil Appeal No.7064 of 2019.
4. In the light of the above, this writ petition is allowed as prayed for. No costs. Consequently, the connected MP is closed. 10.2.2025 RS 2/3
N.ANAND VENKATESH,J RS To 1.The Union of India, rep.by Secretary to Government, Ministry of Surface Transport, New Delhi.
2.National Highways Authority of India, rep.by its Project Director, VIII Floor, SPIC Building, 88, Anna Salai, Chennai-32.
3.The District Revenue Officer & Competent Authority (National Highways), Kancheepuram & Tiruvellore Districts, Kancheepuram.
W.P.No.37582 of 2007 & M.P.No.1 of 2007 10.2.2025 3/3