V.Gunasekaran v. Competent Authority And District Revenue Officer (Land Acquisition)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.10.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.A.No .2913 of 2023 V.Gunasekaran .. Appellant Vs 1.The Competent Authority and District Revenue Officer, (Land Acquisition) National Highways, Kancheepuram and Thiruvallur District, Kancheepuram.

2.The Special Tahsildar (Land Acquisition) Mammallapuram-Puducherry National Highways Scheme, Unit III, Chengalpattu District.

3.The Project Director, National Highways Authority of India, Kancheepuram.

.. Respondents PRAYER : Appeal under Clause 15 of the Letters Patent against the order dated 22.8.2023 in W.P.No.644 of 2023 passed by the learned Single Judge.

For the Appellant : Mr.C.Jagadish For Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Special Government Pleader for respondents 1 and 2 : Mrs.S.R.Sumathy for 3rd respondent

JUDGMENT

(Delivered by the Hon'ble Chief Justice) Heard Mr.C.Jagadish, learned counsel for the appellant; Mr.P.Muthukumar, learned State Government Pleader, assisted by Mrs.R.Anitha, learned Special Government Pleader, for respondents 1 and 2; and Mrs.S.R.Sumathy, learned counsel for the third respondent.

2. The appellant had filed a writ petition with a prayer that the respondents shall not proceed with the road extension work in appellant's land in Survey Nos.112/3A2, 112/3A1B1 and 116/1 at Vadapattinam Village, Chengalpattu District, without following the

mandatory requirement for acquisition of land under the National Highways Act. The learned Single Judge disposed of the writ petition observing that the final award has been passed and, thus, the land vests with the government.

3. Learned counsel for the appellant submits that the appellant had raised an objection at the time of issuance of notice under Section 3C(1) of the Act. The objection is not considered. No enquiry is conducted. The appellant was not aware of the award passed till a counter is filed. The appellant had filed a representation seeking a copy of the award. The same is also not furnished.

4. Once the award has been passed, the arguments of learned counsel cannot be considered now. The appellant had not challenged the award.

5. The learned Single Judge also observed that the final award has been passed. It was the stand of the respondents that the

award enquiry under Section 3G of the Act was conducted on 20.11.2020, with prior notice to the appellant. The contention of the appellant is otherwise.

6. Learned counsel for the third respondent submits that the copy of the award would be furnished to the appellant. In view of the above, the writ appeal stands disposed of. There will be no order as to costs. Consequently, C.M.P.No.24170 of 2023 is closed.

(S.V.G., CJ.) (D.B.C., J.) 18.10.2023 Index :

Yes/No Yes/No sasi

To:

1.The Competent Authority and District Revenue Officer, (Land Acquisition) National Highways, Kancheepuram and Thiruvallur District, Kancheepuram.

2.The Special Tahsildar (Land Acquisition) Mammallapuram-Puducherry National Highways Scheme, Unit III, Chengalpattu District.

3.The Project Director, National Highways Authority of India, Kancheepuram.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

(sasi) 18.10.2023