THARAHAI CUTHBERT Vs. DISTRICT COLLECTOR, KANYAKUMARI AND OTHERS

JUDGEMENT

(1.) The matter in issue pertains to acquisition of 535 sq.mts of land in Survey No. 22/10A of Aloor B Village, Kalkulam Taluk, Kanyakumari District, for the purpose of four-laning the road by the National Highways Authority of India.

(2.) The petitioner filed W.P.(MD) No. 1308 of 2018, praying for issuance of writ of mandamus forbearing the respondents from forcibly taking possession of the said land, except under the procedure established in section 3E of the National Highways Act, 1956 and the learned Judge has disposed of the said writ petition by taking note of the fact that already this Court has granted interim order dated 24.01.2018, and by virtue of the same, the petitioner is in possession till date and also noted the fact that the road laying work has already been commenced and hence, directed the respondents to issue notice granting thirty days time for handing over the possession, and further the petitioner was directed to hand over the possession within thirty days from the date of receipt of the said notice. The writ petitioner, challenging the legality of the said order, came forward to file this writ appeal.

(3.) Mr. Prabhu Rajadurai, learned Counsel appearing for the appellant made a submission that as per section 3E of the National Highways Act, possession cannot be taken, unless 60 days notice is given to the land owners and further the respondents have no jurisdiction to fix the compensation unless there is a notification under Section 105(3) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and in accordance with the provisions of Act 30 of 2013.