NIZAMUDDIN Vs. SUPERINTENDING ENGINEER

JUDGEMENT

(1.) THIS writ petition has been filed seeking a writ of mandamus forbearing the first respondent from invoking the provisions of the Control of the National Highways (Land and traffic) Act, 2002 (in short "the Act") interfering with the petitioners' private property in any manner including demolition of their property to the extent of 4,650 sq. ft. in s. No. 19/1a1a1 at Village No. 42, Kottapattu Village, tiruchirappalli Taluk and District without following the appropriate procedures contemplated under law and without a rule being enacted under Section 23 and 26 of the Act 13 of 2003.

(2.) AT the outset, it is to be stated that this writ petition is a sequel to W. P. No. 1630 of 2007 ordered on 24. 03. 2007 in which the petitioners' complaint is that even after the said orders of this Court, neither Rules were framed under Section 23 and 26 nor the petitioners were shown documents establishing the fact that the land alleged to be encroached by way of demolition is not being established as a highways land. It is stated by the petitioners herein that in the counter- affidavit in the said writ petition, the respondent had specifically stated that the land in question is neither occupied nor required for National Highways and is required only for the purpose of laying pipeline of TWAD board, which has no legal right enforceable through the highways Authority.

(3.) COMING to the case of the petitioners, they jointly purchased an extent of 4,650 sq. ft. of land in S. No. 19/1a1a1 at Village No. 42, Kottapattu Village, Tiruchirappalli Taluk, tiruchirappalli District vide document No. 2294/2003 dated 18. 10. 2003 and document No. 1208/2004 dated 04. 06. 2004 from one rajendran and Mohammed Siddique respectively and the said extent of land is a patta land and was in the enjoyment of the petitioners' predecessors in title for several decades.