K.L.Chandragupta v. The Divisional Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.22965 of 2023 & W.M.P.No.22464 of 2023 K.L.Chandragupta ... Petitioner Vs.

1.The Divisional Engineer, Highways Construction and Maintenance (C& M), Londonpet, Krishnagiri, Krishnagiri District.

2.The Assistant Divisional Engineer, Highways Construction and Maintenance (C&M), Next to Lakshmi Devi Theater, Hosur Town and Taluk, Krishnagiri District ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents not to lay any road in the land belonging to the petitioner agricultural lands in Survey No.583/5A to an extent of 0.23.00 Hectare or 57 cents at Onnalvadi Village, Hosur Taluk, Krishnagiri District without acquiring the land under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

For Petitioner : Mr.G.M.Ananthakumar For Respondents : Mr.G.Krishna Raja, Additional Government Pleader

O R D E R

The relief sought for in the present writ petition is to direct the respondents not to lay any road in the agricultural land belonging to the petitioner in Survey No.583/5A to an extent of 0.23.00 Hectare or 57 cents at Onnalvadi Village, Hosur Taluk, Krishnagiri District, without acquiring the land under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

2. The learned Additional Government Pleader appearing on behalf of the respondents based on the written instructions made a submission that the Highways Department will not disturb the possession of any land owners without acquiring the same by following the procedures established by law.

3. Since there is no proposal for acquisition of the subject property the petitioner, no further consideration is required with reference to the relief

as such sought for in the present writ petition. Accordingly,the writ petition stands closed. No costs. Consequently, connected miscellaneous petition is closed.

28.08.2023 nl Index : Yes Speaking order

To 1.The Divisional Engineer, Highways Construction and Maintenance (C& M), Londonpet, Krishnagiri, Krishnagiri District.

2.The Assistant Divisional Engineer, Highways Construction and Maintenance (C&M), Next to Lakshmi Devi Theater, Hosur Town and Taluk, Krishnagiri District

S.M.SUBRAMANIAM, J.

nl 28.08.2023