SHEELA RANI TEXTILES LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) In respect of an extent of 4172 square meters of land belonging to the writ Petitioner, the National Highways authorities have initiated acquisition proceedings for the purpose of widening the national highways in Samayanallur. It is stated that the declaration of acquisition proceedings under Section 3-D(1) of the National Highways Act 1956 was made on 19.01.2007 by way of notification. After publication was made on 19.01.2007, the determination of amount payable by way of compensation was issued by way of public notice under Section 3-G(3) of the Act by thesecond Respondent, the competent authority on 06.03.2007. Thereafter, on 15.05.2007, an award came to be passed and that award amount is stated to have been deposited in the Sub Court, Madurai on 22.11.2007 by the competent authority.

(2.) Earlier, the writ Petitioner has approached this Court by filing W.P. No. 152 of 2008 for a Mandamus, to forbear the Respondents not to demolish his building which's containing power house consisting of generator. This Court by an order dated 22.09.2008 has dismissed the writ petition on the ground that proceedings already initiated under the National Highways Act 1956 has not been challenged by the Petitioner.

(3.) It appears that in the said writ petition, there has been some undertaking given by the authority under the National Highways Act to remove the generator and diesel tank at their cost since the possession has been taken on record. It was against the said order of the learned Single Judge, a writ appeal in W.A. No. 618 of 2008 was filed and this Court by an order dated 30.09.2008,while considering the plea of the Petitioner that the notice as required under Section 3-E for taking possession was not given, has directed the second Respondent to issue such notice as per the said Act.