S.Bakthavatchalam v. The Government Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.12.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Bakthavatchalam ..

Petitioner Vs.

1. The Government of India Rep. by The Secretary to the Government Ministry of Road Transport and Highways Transport Bhavan, No.1, Parliament Street New Delhi - 110 001.

2. The Secretary to the Government of India Ministry of Law and Justice 4th Floor, A-Wing, Shastri Bhavan New Delhi - 110 001.

3. The National Highways Authority of India Rep. by the Chairman G-576, Sector 10, Dwarka New Delhi - 110 075.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Declaration, declaring that the Section 3-G(5) of the National Highways Act, 1956 as discriminatory, unconstitutional and violative of Article 14 of the Constitution of India and consequently to

declare the Section 3-J of the National Highways Act, 1956 also as discriminatory, unconstitutional and violative of Article 14 of the Constitution of India, insofar as it relates to Sections 51 to 74 contained in Chapter VIII, of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

For the Petitioner : Mr.J.Thilagaraj For the Respondents : Mr.M.Ramamoorthy Senior Panel Counsel for R1 and R2

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.J.Thilagaraj, learned counsel for the petitioner and Mr.M.Ramamoorthy, learned Senior Panel Counsel for respondents 1 and 2.

2. The petitioner is challenging Section 3G(5) of the National Highways Act, 1956

3. It is submitted by learned Senior Panel Counsel appearing for respondents 1 and 2 that there are other writ petitions, challenging Section 3G(5) of the National Highways Act, 1956, pending before this Court.

4. If petitions are already pending, challenging the same provisions, then separate public interest litigation need not be entertained. In case the petitioner has a cause of action, then the petitioner can assail the same.

5. In the light of that, the writ petition stands disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 19.12.2023 Index :

Yes/No :

Yes/No drm

To

1. The Secretary to the Government The Government of India Ministry of Road Transport and Highways Transport Bhavan, No.1, Parliament Street New Delhi - 110 001.

2. The Secretary to the Government of India Ministry of Law and Justice 4th Floor, A-Wing, Shastri Bhavan New Delhi - 110 001.

3. The Chairman The National Highways Authority of India G-576, Sector 10, Dwarka New Delhi - 110 075.

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

(drm) 19.12.2023