MANGAPURAM HOUSING PLOTS OWNERS WELFARE ASSOCIATION MANGAPURAM HOUSING PLOTS OWNERS WELFARE ASSOCIATION Vs. SECRETARY, DEPARTMENT OF ROAD TRANSPORT AND HIGHWAYS

JUDGEMENT

(1.) W.P(MD)No.13613 of 2010 has been filed to issue a writ of Certiorarified Mandamus calling for the records pertaining to Na.Ka.No.Vu/749/2008 dated 20.01.2010 published in Daily Thanthi dated 03.02.2010 relating to the lands in Survey No.445/1A, 446/2D, 446/2E, situated at Vazhavandhankottai, Trichy Taluk, Trichy District and quash the same insofar as Serial No.1 is concerned as illegal and consequently, direct the respondents alternatively to compensate us by way of providing alternative land in Survey No.289/1 or any other similar nature of land in Vazhavandhankottai, Trichy Taluk, Trichy District and further direct the respondent to follow the Act 1 of 1894 in fixing and providing all statutory benefits as per the existing market value as per Act 1 of 1894.

(2.) W.P(MD)No.13614 of 2010 has been filed to issue a Writ of Declaration declaring Section 3-A, 3-D, 3-G, 3-J of National Highways Act, 1956 as amended by Act 16 of 1976 as ultra vires and unconstitutional and consequently, direct the respondents to award compensation with statutory benefits made in Section 23(1-A)23(2) and Section 28 of Land Acquisition Act, 1894.

(3.) Both the writ petitions have been filed by Mangapuram Housing Plots Owners Welfare Association represented by its Secretary, challenging the vires of the Act namely National Highways Act, 1956.