C. NATARAJAN Vs. THE COMPETENT AUTHORITY AND SPECIAL DISTRICT REVENUE OFFICER (LAND ACQUISITION AND ORS.

JUDGEMENT

(1.) THE short facts of the case are as follows:

(2.) THE National Highways Authority were sympathetic and reconsidered their decision to delete from the acquisition the area earmarked for rest area and truck byes. On 26.03.2011 they have addressed a letter to the Tahsildar, Sulur seeking for availability of alternative "Poramboke lands" adjacent to Salem - Kochin section of NH -47. The Tahsildar also responded on 05.04.2011 placing on record that S. No. 146 measuring 0.81.0 Hectares and S. No. 274/16 measuring 8275 sq. mt. is available. The District Collector on 05.05.2011 had addressed a letter to the Chief Manager, National Highways, St. Thomas Mount, suggesting an alternate spot in the place of Sri Dhanalakshmi Sizing and Spinning Mills. In this letter also forwarded to the second respondent on 20.11.2011. The District Collector had found avoiding the acquisition of petitioner's property would save the exchequer of substantial amounts. The respondents in turn had sought for the opinion of intercontinental consultation and Techno Graft Private Limited, Coimbatore -14 as to whether the alternate proposal for the two numbers of truck lay bys and rest area are feasible. It was also opined that Government land available nearby would be sufficient. They have also requested the competent authority to consider the shifting of the truck lay bys as it is beneficial. He craves leave of this Court to refer the report dated 25.02.2012 issued by the Techno crafts agency confirming that the shifting of truck lay bys and rest area is advisable. Coincidentally, he made a request on 07.03.2012 based on the report of the expert seeking to relocate the truck lay bys from Km. 134+870 RHS to Km. 139+300 RHS. It appears several communications have taken place between the second respondent and Tahsildar as well on this subject. The Tahsildar also addressed a letter on 26.04.2013 giving particulars of the lands available for truck lay bys and informed the competent authorities that the State of Tamil Nadu will have no objection for the shifting. On 03.05.2013, the second respondent had addressed a letter to the Chief Manager National Highways recommended to the competent authority for shifting of the truck lay bys. The proceedings dated 03.05.2013 reads as follows: - -

(3.) UNFORTUNATELY , the first respondent herein without considering the various concluded issues had suddenly threatened that he would lay the road demolishing the labour quarters, the power house and LT power room. If it is allowed to take place, the entire industry will come to a standstill. Three years of good work done by various authorities will go waste. The stand taken by the Government officials at the State level and the Regional levels at Madras by the National Highway authorities to save a running industry will go waste. Though the original notification issued had become irrelevant in view of subsequent events, technically, the respondents feel the notification issued for acquisition would obstruct their way from further proceeding with the matter. Apparently, the hitch faced by the respondents is due to the order impugned in the writ petition. He states that in order to make possible the recommendations of the authorities that are made fruitful and equally to ensure that the running industry is not put to unwanted inconvenience, he is constrained to approach this Court for issue of writ of certiorarified mandamus.