LAWS(MAD)-2008-9-511

R. ARUMUGAM Vs. UNION OF INDIA

Decided On September 22, 2008
R. ARUMUGAM Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) HEARD both sides and perused the records.

(2.) THE Application in M.P.1 of 2008 was filed by the NHAI represented by it Project Director to implead themselves as a party in the present writ petition was allowed by this Court on 19.1.2008. In the affidavit, filed in support of the miscellaneous petition, the circumstances under which the petitioner's lands was taken over was also set out thereunder.

(3.) THE petitioner in this writ petition is the owner of a commercial complex and a vacant land to the extent of 22 '5 cents in Survey Nos.1934/12A and 1884/1A. He claimed that they have been owning the said properties since 1964. A notification was issued under Section 3 -A of the National High Ways Act, 1956 for acquiring certain lands. It is claimed that the publication contained in the said notification did not specifically mention the petitioner's land, when it was published either on 22.2.2005 or 2.2.2006. But, the subsequent notification dated 19.1.2007 contained these two survey Nos. which had the name of the petitioner and also his wife. The petitioner had also objected to the acquisition. But, it is alleged that the same was not considered by the respondents.