PONNAYAL Vs. STATE OF TAMIL NADU REP

JUDGEMENT

(1.) The present writ petition has been filed challenging the Government Order issued by the first respondent under Section 15(1) of the Tamil Nadu Highways Act, 2001 (hereinafter referred to as ?the Act?) and the Notification published in the Government Gazette on 13.03.2019, insofar as the lands belonging to the petitionersare concerned.

(2.) The case of the petitioners is that they are the owners of the subject property and that they have been cultivating the said lands. The second respondent issued a Notification dt. 27.11.2014 under section 15(2) of the Act to acquire large extents of land for the purpose of widening the existing Erode-Ooty State Highways. Pursuant to the Notification, the second respondent issued a show cause notice under Section 15(2) of the Act and directed the petitioners to submit their explanation/objections within a period of 30 days. The petitioners submitted their objections on 25.12.2014.

(3.) The main objections that were taken by the petitioners is that the lands sought to be acquired are fertile agricultural lands and the existing road margin is more than sufficient to widen the highways.