A.SANKAR Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) These writ appeals have been filed to challenge the judgment and order dtd. 5/1/2022 passed by the learned Single Judge dismissing the writ petitions to challenge the notice issued under Sec. 19(5) and 19(7) of the Tamil Nadu Highways Act, 2001 [for brevity, "the Act of 2001"].

(2.) Learned counsel for the appellants submitted that without acquisition of the land, notices under Sec. 19(5) and 19(7) of the Act of 2001 were given. It is in ignorance of the fact that earlier also a notice was issued under Sec. 4(1) of the Land Acquisition Act, 1894 in the year 1976 and published in the official Gazette on 11/2/1976, followed by a declaration under Sec. 6 on 7/2/1979. A challenge to it was made by a batch of writ petitions led by W.P.No.8131 of 1986. Those writ petitions were allowed, thereby the acquisition proceedings initiated by the respondents was set aside.

(3.) It is further submitted that the respondents caused a notice on 26/2/2016 for eviction under the caption of encroachment and illegal occupation of the land. A challenge to the said notice was made before this Court and the writ petition was disposed of with a direction to treat it to be notice to show cause, thus, the appellants to submit their objections within a period of two weeks. The appellants submitted the objections and thereupon the respondents caused a public notice on 23/11/2016 invoking Sec. 15(2) of the Act of 2001 calling for objections to the acquisition of the land. The appellants submitted their objections. However, a notification under Sec. 15(1) of the Act of 2001 was published, followed by a notice under Ss. 19(5) and 19(7) of the Act of 2001.