S.SELVARAJ Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) The family of S.Selvaraj of E.Vellanoor, Village, Lalgudi Taluk are the writ petitioners in these two writ petitions. In WP(MD)No. 13558 of 2016, the notification issued under Section 3 A (1) as well as the notification issued under Section 3 D and 3 G (3) dated 16.06.2016 under the National Highways Act, 1956 are under challenge. In WP(MD)No.23889 of 2018, the notification dated 31.08.2018 issued under Section 3 A (1) of the National Highways Act, 1956 is under challenge.

(2.) Heard the learned Senior Counsel appearing for the writ petitioners and the learned Standing Counsel appearing for National Highways Authority of India and the learned Additional Government Pleader appearing for the respondents 3 and 5.

(3.) The core contention of the learned Senior Counsel appearing for the writ petitioners is that the lands in question are agricultural in character and that a part of the water body which is the source of irrigation of the petitioners' lands are sought to be acquired. The learned Senior Counsel stressed the importance of water bodies and the need to exclude them from acquisition proceedings. He also seriously faulted the manner in which their objections were dealt with. According to the petitioners, the initial stand of the respondents was to acquire certain government poramboke lands and that the formation of the road was later changed to benefit some vested interests. The learned Senior Counsel submitted that if the lands in question are acquired, the petitioners would lose their livelihood and that would infringe their fundamental rights guaranteed under Article21 of the Constitution of India.