K.Z.Jalaludeen v. Indian National Highways Department
2025:MHC:1185
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-03-2025
CORAM
THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR AND CMP NO. 27301 OF 2024 K.Z.Jalaludeen Appellant(s) Vs
1. Indian National Highways Department Project Enforcement Division, -Dindigul, Plot No.1, Iswaryam High Road, Indra Nagar, Chennamanaickenpatti Post, Kodikombu Road, Dindigul - 624 004.
2.Special Thasildar (Land Acquisition-National Highways209), Office of the District Collector, Coimbatore - 641 018.
3.The Special Thasildar (Land Acquisition-National Highways - 209), Arutchelvar Nagar, Udumalai Road, Vunjavelampatti, Pollachi - 642 003.
Respondent(s) PRAYER To set aside the judgment by the Learned Judge passed in WP No.32195/2023 dated 10.11.2023 For Appellant(s):
Mr.C.D.Sugumar For Respondent(s):
Mr. Su Srinivasan For NH For R1 Mr. E.Veda Bagah Singh SGP For R2 & R3.
JUDGMENT
(Judgment was delivered by S.M.Subramaniam J.) Dissatisfied with the writ order dated 10.11.2023 in W.P.No.32195 of 2023, the present writ appeal came to be instituted. The writ petitioner is the appellant before this Court.
2. The appellant challenged the order passed by the Project Director, National Highway Authority of India (NHAI), dated 23 March 2023, in the writ petition. The grievance raised by the appellant before the NHAI was that compensation for the land acquired in S.No.125 at Komangalam Pudur Village,
Pollachi Taluk, Coimbatore District has not been paid.
3. Further, it is stated that construction of Toll Plaza along Right of Way (ROW) obstructed the entrance to the layout house sites in S.No.125 and adjacent lands. Regarding the compensation for the lands acquired by the NHAI, the Project Director replied by stating that landowner could contact the Special Tahsildar, Land Acquisition - National Highways Wing with the documents to prove the ownership and receive compensation.
4. The writ petition has been filed mainly on the ground that the road in the layout has been acquired, which may cause prejudice to the interest of the plot owners. However, the learned Single Judge found that layout was unapproved and that compensation had been paid in respect of the acquisition made for road projects by the NHAI.
5. That being so, the Writ Court has rightly rejected the claim set out by the writ petitioner. If any other grievance exits to the appellant, he is at liberty to
approach the competent authority.
6. With this liberty, the Writ Appeal stands dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed. (S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 24-03-2025 Jeni Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.Indian National Highways Department Project Enforcement Division, -Dindigul, Plot No.1, Iswaryam High Road, Indra Nagar, Chennamanaickenpatti Post, Kodikombu Road, Dindigul - 624 004.
2.Special Tahsildar (Land Acquisition-National Highways209), Office of the Dist.Collector, Coimbatore - 641 018.
3.The Special Tahsildar (Land Acquisition-National Highways - 209), Arutchelvar Nagar, Udumalai Road, Vunjavelampatti, Pollachi - 642 003.
S.M.SUBRAMANIAM J.
AND K.RAJASEKAR J.
Jeni 24-03-2025