C AUGUSTINE JACOB Vs. UNION OF INDIA

JUDGEMENT

(1.) (The petitioner has come forward with this writ petition praying for a Writ of Certiorari calling for the records of the first respondent published in Gazzette of India (Extraordinary) U/s. 3 A in No:156 dated 21.02.2006 and the consequent notification published in the Gazzette of India (Extraordinary) U/s 3 D (1) in No.1249 dated 18.10.2006 and quash the same as illegal.)

(2.) THE case of the petitioner is as follows:- THE petitioner is the owner of the land to an extent of 2600 sq.ft., comprised in Survey No. 769/1A1C part, 769/1A4B in New No.84, Old No.61, 2nd Main Road, Sri Balaji Nagar, Chennai " 600 053. THE land acquisition proceedings were originally initiated in the year 1988 for formation of bye-pass road connecting NH4 and NH5, in which the petitioner's land was not included but the same was given up and fresh notification was published in newspaper on 21.02.2006 for acquisition of the petitioner's lands also, the petitioner has sent his objection dated 23.03.2006 to the third respondent. On 01.06.2006, the third respondent issued a letter calling upon the petitioner to appear for an enquiry on 15.06.2006, but on that day, no enquiry was conducted, however, the petitioner has submitted his objection on the same day. Again, the petitioner was called upon for an enquiry on 23.08.2006 and on that day also no enquiry was conducted, hence, the petitioner has filed WP No. 35457 of 2006 for a Writ of Mandamus to direct the respondents to conduct enquiry and to give up the proposal of acquiring his land and proceed further as per the original proposal of the year 1988. THE said writ petition was dismissed by this Court on 02.03.2007 on the ground that enquiry was conducted, the petitioner's objections were also considered and rejected by the respondents and thereafter the notification under Section 3D of the National Highways Act, (hereinafter referred to as Act) was published on 18.10.2006, with the result, the land vested with the Central Government. THE present writ petition has been filed challenging the notifications under Sections 3A and 3D of the Act.

(3.) THIS Court carefully considered the argument of counsel on both sides. In the earlier writ petition in WP No. 35457 of 2006, by order dated 02.03.2007, this Court found that the petitioner attended the enquiry, the documents required by him were also furnished, hence, the enquiry under Section 3C is valid; the submission that earlier acquisition proceedings in the year 1988 was concerned it was relating to formation of NH4 and the present acquisition is for grade separator in NH4 and that the notification under Section 3D was issued on 18.10.2006, as a result of which, the land vested with the Central Government and refused to grant the relief sought for. Admittedly, the petitioner has not challenged the said order dated 02.03.2007 and it reached finality.