NATIONAL HIGHWAYS AUTHORITY OF INDIA Vs. A MURUGANANDHAM

JUDGEMENT

(1.) THE Writ Petition was preferred by the petitioner-A.Muruganandham, for issuance of a Writ of Certiorarified Mandamus, challenging the order dated 15.7.2005 passed under Section 3G(3) of the National Highways Act, 1956, published in "Thina Thanthi" (Cuddalore Edition), with a further prayer to forbear the first respondent from taking any further action pursuant to the said order in respect of the lands belonging to the petitioner situated at at U.Keeranur Village, Ulundurpet Taluk, comprising Survey No.450/3A 5, 0.05 acres, 450/3A 6, 0.01.5 acres, 450/3A 7-0.01.5 acres, 450/3A 8-0.02.5 acres, 450/3B 0.02.5 acres (Old Survey No.450/3 Total Extent 0.85 cent).

(2.) THE lands in question were acquired under the National Highways Act (for short, "N.H. Act") by the National Highways Authority of India (hereinafter referred to as "the National Highways Authority").

(3.) LEARNED counsel appearing for the writ petitioner challenged the Notification dated 15.7.2005 issued under Section 3G(3) of the National Highways Act on the ground that the writ petitioner was not given notice. He relied on the publication made in the newspaper "Thina Thanthi" (Cuddalore Edition), dated 20.7.2005 at Sl.No.42 to show that the name of the writ petitioner was not reflected therein, but the name of one Rajalakshmi was shown. It is submitted that no notice was given to the writ petitioner and without hearing, the impugned Notification was issued.