PADMAVATHI Vs. NATIONAL HIGHWAYS AUTHORITY OF INDIA

JUDGEMENT

(1.) THE land of a small extent of about 5 cents (2160 sq. ft.) in old Survey No. 7/6 corresponding to Survey No. 96/3f in Kidangal Village, Tindivanam Taluk, formed part of a larger extent of land sought to be acquired by the Central Government for forming a bye - pass road in National Highways No. 45 in Tindivanam - Villupuram - Trichy Section, by a notification issued under Section 3 - A (1) of the National Highways Act, 1956, published in the gazette on 14. 6. 2004. After holding an enquiry under Section 3 - C (2), a declaration under Section 3 - D (1) was published on 4. 5. 2005.

(2.) A notice under Section 3 - G (3) was issued in the Newspapers on 20. 7. 2005 inviting claims from persons interested in the land, for determining the compensation payable. An enquiry was held on 5. 8. 2005 and 6. 8. 2005 in the Office of the Competent Authority.

(3.) ON coming to know of the acquisition proceedings, three persons by name Subba Naidu, Dhanasekar and Elumalai filed a suit in O. S. No. 304 of 2005 on the file of the District Munsif Court, Tindivanam against their Power Agent by name D. Kannan, the purchaser of the property by name K. Ganesh and the Special Tahsildar (LA), National Highways, praying for a declaration that the suit property of the total extent of about 25 cents in old Survey No. 7/6, Kidangal Village, belonged to them and for a consequential relief of permanent injunction restraining the defendants from interfering with the possession of the property and also for an injunction restraining the third defendant from disbursing the compensation amount to defendants 1 and 2.