B RAMAMOORTHY Vs. PROJECT DIRECTOR

JUDGEMENT

(1.) The petitioner is running a Rice Mill for about 15 years in S.No.142/5 in Pattanam Village, Dindivanam Taluk, Villupuram District. When surveys were made during February 2010 by the National Highways Authority of India (NHAI) for the purpose of acquiring lands for the Bypass at Dindivanam Town in NH-66, Dindivanam - Krishnagiri Section, the petitioner made a representation dated 05.03.2010 to the competent authority requesting them not to acquire his lands, wherein he runs the modern rice mill. It is alleged that he invested huge amount in installing machineries for the purpose of running the Rice Mill and many families are depending on the Rice Mill. It is also alleged that instead of acquiring the lands belonging to the former M.P by name Mr. D. Heerachand, his lands were to be acquired.

(2.) While so, a notification under Section 3A(1) of the National Highways Act, 1956 (shortly "the Act") was published in the Gazette of India Extraordinary No.730 dated 20.04.2010 declaring the intention of the Central Government to acquire the lands in Salavadi and Pattanam Villages in Dindivanam Taluk, Villupuram District for the purpose of laying of Bypass road at Dindivanam Town in NH-66 Dindivanam - Krishnagiri Section. The land of the petitioner was one among the items of the proposed acquisition.

(3.) Thereafter, the substance of the said notification was published in a Tamil Daily viz., Dinamani and in a English Daily viz., The New Indian Express on 22.05.2010. In the said publication, it was stated that the persons who are interested in the lands proposed to be acquired might submit objections if any to the competent authority within 21 days from the date of publication of the said notification under Section 3C(1) of the Act. It was also stated that the objectors would be given an opportunity of being heard either in person or by a legal practitioner and that after hearing of such objections, the competent authority would either allow or disallow the objections.