CEEDEEYES STANDARD TOWERS PVT LTD Vs. DISTRICT COLLECTER OF CHENNAI,; SPECIAL TAHSILDAR (LA); COMMISSIONER (ULC); EXECUTIVE ENGINEER (PWD); SECRETARY, HIGHWAYS DEPARTMENT

JUDGEMENT

(1.) The petitioner seeks for issuance of a Writ of Certiorari to quash a notice issued by the 1st respondent in Form-A dated 22.07.2004 under Section 15[2] of the Tamil Nadu High Ways Act, 2001.

(2.) This Writ Petition was initially tagged along with W.P.No.39261 of 2003 and was disposed of by an order dated 21.02.2013, holding that the impugned notice is vitiated for the reason that the respondents have not followed the pre-requisites as mentioned in Section 8 of of the Tamil Nadu High Ways Act, 2001 [hereinafter referred to as "the Act"] and that, no Award has been passed to pay compensation to the petitioner. Keeping in mind the importance of the acquisition for road widening, direction was issued to the respondents to grant in lieu of compensation, TDR benefit, failing which, the impugned notice would be quashed with liberty to the respondent to proceed afresh in terms of the Act by following Section 8 and 15 of the Act. As against the said order, the respondents preferred Writ Appeal in W.A.No.162 of 2014, which appeal was clubbed along with other connected matters and by a Common Judgment dated 28.01.2015, taking note of a notification issued by the respondent as published in the Government Gazette dated 22.10.2003, the order dated 21.02.2013 was set aside and the matter was remitted to the writ Court for being heard and decide afresh. This is how the Writ Petition is before this Court.

(3.) The facts which would be essential to consider the case of the petitioner is as follows: