V NANDAKUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) These writ petitions have been filed challenging the notifications made under Sections 3-A(1) and 3-D(1) of the National Highways Act 1956 dated 13.9.2007 and 18.2.2008 respectively pertaining to Survey Nos. 14/3A2 part, 14/4A1, 14/4B2, 86/1A2 and 14/4C2 at No. 71, Vanagaram Village, Ambattur Taluk in Thiruvallur District.

(2.) The short facts, which led the petitioners to approach this Court by filing these writ petitions as put forth by them in their affidavits in support of these writ petitions in nutshell is stated hereunder: Their father one Vembuli Naicker had purchased certain properties including the properties in question. He died on 9.2.1995 and they have partitioned the said properties among themselves along with their sisters on 21.5.1997. In and by the said partition, they have been allotted separate properties. Certain properties which have been allotted to them were sought to be acquired and a notification was issued by the respondents dated 13.9.2007 under the National Highways Act and the same was also published. Challenging the same, the petitioners have approached this Court by filing the present writ petitions.

(3.) The notification was challenged on the following grounds: (i) Section 3-A (2) of the National Highways Act, 1956 (hereinafter called the Act) contemplates a brief description of the land in the notification. Since the said brief description of the land does not find in the notification, the notification is liable to be set aside. (ii) There are discrepancies in the notification and in the paper publication. Therefore, the notification is liable to be set aside. (iii) If the land is sought to be acquired and if there is a flaw, in the notification it shall be always in favour of the land owners.