FEDERATION FOR RETRIEVAL OF TRICHY Vs. CHAIRMAN

JUDGEMENT

(1.) have been clubbed together for the reason that they all concern the formation of service road from Thuvakudi to Palpannai on NH-67 in Trichy District.

(2.) have filed by individual land owners and the prayer sought for in all these writ petitions are identical in the sense that they seek for issuance of a writ of certiorari to call for the records relating to the proceedings viz., declaration made by the Ministry of Road Transport and Highways, Government of India under Section 3D(1) of the National Highways Act, published in the Extra Ordinary Government Gazette on 21.05.2014 and the declaration made under Section 3A(1) of the National Highways Act, published in the Extra ordinary Government Gazette on 24.05.2013 and to quash the same.

(3.) The grounds raised in these writ petitions are primarily stating that the proposed service road will be provided for a length of 2.48 km on the left hand side and 1.48 km on the right hand side where adequate width is available to form service roads within the existing right of way. Further, it is submitted that no survey has been conducted on the present and future road capacity requirements of traffic and transportation data of NH-67. Further, it is submitted that no technical feasibility survey has been undertaken by the competent authority. Further, it is submitted that the direction that the cost of land acquisition has to be borne by the Government of Tamil Nadu is erroneous, unjust and against the provisions of the National Highways Act. Further, it is submitted that if the already existing schemes on the Highways come into operation, the present proposal of providing service road will be without any use and it will only make a dent on the Central and State Government exchequer and hence, the present land acquisition proceedings under the Land Acquisition Act are not feasible and the same are arbitrary, unjust and unsustainable in law.