N.A.RAMACHANDA RAJA Vs. UNION OF INDIA

JUDGEMENT

(1.) Since the issues involved in both the Writ Petitions filed as Public Interest Litigation are common, which is in respect of formation of a link road, both the Writ Petitions are heard together and disposed of with this common order.

(2.) The brief facts involved in the Writ Petitions is that the State Government issued G.O.(Ms)No.171, Highways and Minor Ports (HS2) Department, dtd. 16/10/2018, whereby, administrative sanction was accorded for a detailed project work for the formation of link road between Rajapalayam-Sankarankovil-Tirunelveli (State Highways-SH-41-Rajapalayam New Bus Stand) to Tirumangalam-Kollam Road (National Highway-NH-744-Rajapalayam Government Hospital) in Virudhunagar District. Pursuant to the detailed project report submitted, the Government vide G.O.(Ms)No.62, Highways and Minor Ports (HS2) Department, dtd. 2/5/2022 accorded administrative and financial sanction for land acquisition for the work of the above project, ie., formation of link road. Proceedings were initiated for acquiring lands and a notification under Sec. 15(2) of the Tamil Nadu Highways Act, 2001 (hereinafter referred to as 'the Act'), was published on 29/9/2022 in the daily newspapers and after conducting a public hearing on 1/11/2022, notification under Sec. 15(1) of the Act was published on 13/2/2023. Public hearing, as per Sec. 19(2) of the Act, was conducted on 17/3/2023 and further public hearing under Sec. 19(5) of the Act was also conducted on 12/5/2023, pursuant to which, draft award valuation was prepared and has also been approved by the District Collector, Virudhunagar, on 14/6/2023. The land acquisition process got completed and disbursement of compensation had started and out of the lands situated in 73 survey numbers, compensation had already been paid to the land owners situated in 40 survey numbers and at this stage, the above Writ Petitions have been filed against the implementation of link road project.

(3.) Heard Mr.T.Lajapathi Roy, learned Senior Counsel appearing for the petitioner in W.P.(MD)No.12215 of 2023, Mr.Yogeshwaran, learned Counsel for the Petitioner in W.P.(MD)No.18698 of 2023, Mr.K.Govindarajan, learned Deputy Solicitor General of India appearing for the respondents 1 and 2 in W.P.(MD)No.12215 of 2023, Mr.Veerakathiravan, learned Additional Advocate General assisted by Mr.P.Thilak Kumar, learned Government Pleader, appearing for the respondents 3 to 10 in W.P.(MD)No.12215 of 2023 and for the respondents 1 to 4 in W.P.(MD)No.18698 of 2023, Mr.N.Dilip Kumar, learned Counsel appearing for the respondent No.11 in W.P.(MD)No.12215 of 2023, Mr.S.Ramasamy, learned Counsel for the fifth respondent, Mr.K.Muthu Ganesa Pandian, learned Counsel for the sixth respondent and Mr.K.Sivabalan, learned Counsel for respondents 13 to 36 in W.P.(MD)No. 18698 of 2023