R.MANICKAM Vs. DIVISIONAL ENGINEER

JUDGEMENT

(1.) The lis on hand has been instituted challenging the notice issued under Sec. 26(2) of the Control of National Highways (Land and Traffic) Act, 2002 (hereinafter referred to as "the Act, 2002") for removal of encroachment in National Highways.

(2.) During the previous round of litigation, the petitioners have raised the ground that the notices for removal of encroachment in the National Highways were issued by an incompetent authority having no jurisdiction. The Act, 2002 contemplates that the Executive Engineer is the competent authority and therefore, the notices issued by the Divisional Engineer of the National Highways (a wing of the State Administration) were incompetent to issue the notices. On the said ground, the Writ Petitions were allowed. Liberty was granted to the concerned authorities to issue fresh notices through a competent authority under the Act, 2002.

(3.) In pursuance to the orders of this Court, further notices were issued by the Divisional Engineer, National Highways (a wing of the State Administration) under Sec. 26(2) of the Act, 2002. Challenging said notices, the present Writ Petitions came to be instituted once again on the ground that the Divisional Engineer, National Highways (a wing of the State Administration) is an incompetent authority, since the impugned notices were not issued by the authority under the provisions of the Act, 2002.