M.SATHASIVAM Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The writ petitioner is a co-owner of the land in T.S.No.10 and 18, Block 37, Ward F of Devadhanam Village, Tiruchirapalli East Taluk, Tiruchirapalli District. A multi-storied residential apartment complex in the name and style of "Sankar Abodes 'Crown Block'" has been put up on the said land. It is said that there are 28 flats and 14 shops in the said complex. While so, to facilitate construction of a road over bridge, the land in question is sought to be acquired. The second respondent issued the impugned notice dated 04.07.2017 under Section 15 (2) of the Tamil Nadu Highways Act, 2001 [hereinafter referred to as "the Act"]. The said notice is questioned in this writ petition.

(2.) The foremost contention urged by the learned counsel appearing for the writ petitioner is that the prerequisites for issuing a notification under Section 15(2) of the Act have not been complied with in this case. The road in question has not been declared as a "Highway" under Section 3 of the said Act. Likewise, there has been no fixation of highway boundary, building line and control line under Section 8 of the Act. Since there is no declaration made under Section 3 of the Act and no notice has been issued under Section 8 of the Act, there cannot be issuance of notice under Section 15(2) of the Act.

(3.) The learned counsel appearing for the writ petitioner placed considerable reliance on the decision reported in 2014 (2) CWC 763 [R.Moorthy and 28 others vs. State of Tamil Nadu ]. Paragraph No.147 of the said decision reads as under: