LAWS(MAD)-2008-9-536

AL RAMANATHAN Vs. GOVERNMENT OF INDIA; DISTRICT REVENUE OFFICER; SPECIAL TAHSILDAR, (LAND ACQUISITION), DIVISION III AND THE NATIONAL HIGHWAYS AUTHORITY OF INDIA

Decided On September 17, 2008
Al Ramanathan Appellant
V/S
Government Of India; District Revenue Officer; Special Tahsildar, (Land Acquisition), Division Iii And The National Highways Authority Of India Respondents

JUDGEMENT

(1.) The petitioner is the land owner owning 18,000 Sq.feet of land in Town survey 249/1B. Old ward No. 3, New No. C, Block No. 4, Srirankam at Trichirrappali Taluk. The said land belongs to the Indian Oil Corporation Ltd. He was given petrol and diesel oil dealership and from the year 1983 he is running the retail out-let in the said survey No. Adjacent to the said petrol bunk, the petitioner owns lands in T.S. No. 249/1A, 253/2A and 245/1B. The petitioner also had established a service station and constructed a two storied building in those lands.

(2.) According to the petitioner the petrol bunk was located in the Highways in accordance with the distance norms prescribed by the I.O.C.

(3.) It is stated that the Government of India issued a notification under Section 3A(1) of the National Highways Act for acquisition of the land to improve the National Highways No. 45 and the present land comes between kms 313/0 and 314/0 in (Padalur - Trichy Sector). The National Highways Authority, the 4th respondent herein wanted to make the two lane road into a four lane road. Since the widening of the land was to be done on the northern side, the plan affected the existing structures put up by the petitioner and his business.