V PRREMALATHA Vs. UNION OF INDIA

JUDGEMENT

(1.) UNDER the National Highways Development Project Phase-I, known as "golden Quadrilateral", the Government of India proposed three Grade Separators, along National Highways 4, 45 and 205 in the City of Chennai, in three major arterial junctions, viz. , Kathipara (Guindy), Koyambedu and Padi, apart from a flyover in front of Chennai Air Port.

(2.) BY a notification of the Government of India, Ministry of Shipping, Road Transport and Highways (Department of Road Transport and Highways) bearing No. S. O. 1130 (E) dated 12. 8. 2005, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub Section (ii) dated 12. 8. 2005, issued under Section 3-A (1) of the National Highways Act, 1956, (hereinafter referred to as the 'act') the proposal to acquire several lands in Koyambedu Village, Egmore-Nungambakkam Taluk, Chennai District was notified as being required for the public purpose of construction of free flow facilities along National Highway No. 4. The substance of the said notification was published in one English Daily and one Vernacular Daily on 20. 8. 2005 and after considering the objections raised by some of the land owners, with reference to the remarks of the National Highways Authority of India, a declaration under Section 3-D (1) of the Act was issued by way of a notification in S. O. 1622 (E) dated 18. 11. 2005. The said declaration was also published in the Newspapers on 15. 12. 2005 and an award was passed on 8-12-2006.

(3.) THE lands in New Survey Nos. 14/1, 14/2, 14/3 and 15/2, measuring 1582 sq. mtrs. , 286 sq. mtrs. , 165 sq. mtrs. , and 1083. 5 sq. mtrs. , respectively, of Koyambedu Village, Egmore-Nungambakkam Taluk, owned by six members of a family, formed part of the said acquisition. These six members of the family have joined together and filed a writ petition in W. P. No. 1869 of 2007, challenging the declaration issued under Section 3-D (1) as well as the Award passed on 8. 12. 2006.