NACHIMUTHU Vs. DISTRICT COLLECTOR SALEM DISTRICT

JUDGEMENT

(1.) AS the facts relating to all the writ petitions are identical, they are disposed of by this common order.

(2.) WHEN there was a request for acquisition of land for laying service road, which is part of widening and construction of four laning of NH7 in Salem Taluk, the respondents initiated land acquisition proceedings by exercising the provisions of the National Highways Act, 1956 and accordingly, a notification under Section 3A(1) of National Highways Act, 1956, was published in the Government of India Gazette vide notification No.331, Part II, Section - 3, Sub-Section (ii) and S.O.No.485(E), dated 13.03.2008 and the same was also published in the local dailies under Section 3A(3) of the National Highways Act, 1956, both in Tamil Daily Thanthi and in the Hindu on 20.04.2008, inviting objections if any from the land owners within 21 days from the date of publication of the notice.

(3.) IN his further submission, it was contended that the official attached to the respondents department are now engaged in the process of widening the road for the purpose of laying a service lane without following any of the procedures contemplated under the National Highways Act. At this juncture, if the respondents department are permitted to proceed further, the petitioner would be put to loss and hardship and also the valuable right of the property will be infringed. Therefore, the learned counsel for the petitioner prayed for an order to restrain the respondents from proceeding further pursuant to the notice dated