IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 29.07.2009 CORAM THE HONOURABLE MR. JUSTICE S. RAJESWARAN W.P.No.22197 of 2008 and M.P.Nos.1 & 2 of 2008 Kumara Gounder ... Petitioner Vs. 1. Union of India, Rep. by the Secretary, Ministry of Shipping Road Transport & Highways, No.1, Parliament Street, Transport Bhawan, New Delhi. 2. National Highways Authority of India, Rep. by the Chairman, G-5 & 6, Sector – 10, Dwarker, New Delhi – 110 075. 3. The Project Director and Manager (Tech.) National Highways Authority of India, (Ministry of Shipping Road Transport & Highways), II Floor, 'Sethuram', No.14, Sundaresa Iyer Layout, (Opp. Rainbow Manor), Trichy Road, Coimbatore – 41 018. 4. The Special District Revenue Officer, Land Acquisition, National Highways, Salem – Dharmapuri District, At Krishnagiri. ... Respondents Prayer: Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records relating to the order of the Order of the 4th Respondent dated 02.07.2007 in Na.Ka.No.1188/2005(A) published in Daily Thanthi dated 17.07.2007 and consequential the letter of the 3rd Respondent dated 04.08.2007 and quash the same. https://hcservices.ecourts.gov.in/hcservices/ For the Petitioner : Mr. K. Selvaraj For the Respondents: Mr.P.Chandrasekaran SCGSC for R1 Mr.P.Wilson Addnl. Advocate General for R3 Mr. R.Neelakandan Government Advocate for R4 O R D E R This Writ Petition has been filed praying for the issuance a Writ of Certiorari calling for the records relating to the order of the Order of the 4th Respondent dated 02.07.2007 in Na.Ka.No.1188/2005 (A) published in Daily Thanthi dated 17.07.2007 and consequential the letter of the 3rd Respondents dated 04.08.2007 and quash the same. 2. The case of the petitioner is as follows:- The Petitioner is the absolute owner of the agricultural Land measuring 3.25 Acres in Survey No.208/2A1 at Vaikuntam Village, Sankari Taluk, Salem District. The lands are being cultivated by the petitioner. The respondents even before issuing notification for acquisition of the lands laid a road to an extent of 0.75 cents on the petitioner's property and no compensation was paid by the respondents for taking the land and for laying the road. The 1st Respondent by notification dated 02.07.2007 declared that the land measuring 10,550 Sq. mtr of the Petitioner has been acquired for the purpose of widening the National Highways. However no notice has been given to the Petitioner before passing declaration under section 3D of the National Highways Act, 1956. The representation made to the 4th respondent on 27.07.2008, objecting to the acquisition, had not evoked any response from the 4th Respondent. The petitioner therefore filed a writ petition in W.P.No.29524 of 2007 praying for Mandamus directing the 4th Respondent to consider the representation and pass orders. 3. By a letter dated 22.10.2007, the 4th respondent rejected the application of the petitioner. Once again the petitioner gave a representation on 10.12.2007 requesting the 3rd Respondent to cancel the acquisition in respect of the remaining portion of the agricultural lands of the petitioner and acquire dry lands instead of agricultural lands. Since the same was not considered, he obtained the information through the Right to Information Act and he has come to know that the land the house of the petitioner were acquired for the purpose of providing way side amenities. The 3rd Respondent by a letter dated 04.08.2007, informed the petitioner that the respondents originally proposed to acquire 11531.8 sq.mts. land of the petitioner and later they determined to acquire 14218.63 sq.mts. https://hcservices.ecourts.gov.in/hcservices/ Therefore the additional area of 2686.83 sq.mts. of the petitioner's land are sought to be acquired. According to the petitioner, the proposed additional acquisition is totally arbitrary and unreasonable. Hence the above Writ Petition has been filed for the aforesaid prayer. 4. I have heard the learned counsel for the petitioner, Mr.P.Chandrasekaran, Sr. Central Government Standing Counsel appearing for 1st Respondent and Mr.P.Wilson, learned Additional Advocate appearing for the 3rd Respondent and Mr.R. Neelakandan, learned Government Advocate appearing for the 4th Respondent. I have also gone through the counter affidavit filed by the 3rd respondent and the documents made available on record. 5. Before commencing the arguments, the learned counsel representing the Additional Advocate General Mr.P.Wilson, drew my attention to the averments made in 'Para-6' of the counter affidavit submitted by the 3rd respondent, wherein it is stated that the 3A Notification has been lapsed and therefore he adds that the petitioner is no way aggrieved now. He further adds that the Writ Petition itself could be closed recording this averment in the counter affidavit. 6. The learned counsel for the petitioner also submits that the Writ petition could be closed recording the said averment that 3A notification is lapsed. 7. In view of the submissions made by the learned counsel appearing for the 3rd respondent, it is seen that the petitioner's grievance has been met and the acquisition proceedings notified in 3A for his additional land has been lapsed. 8. In the result the averments made in the counter affidavit of the 3rd respondent that 3A notification is lapsed, this Writ Petition is closed. No Costs. Consequently, connected Miscellaneous Petition is also closed. Sd/- Asst.Registrar /true copy/ Sub Asst.Registrar ars/ad https://hcservices.ecourts.gov.in/hcservices/ To 1. The Secretary, Union of India, Ministry of Shipping Road Transport & Highways, No.1, Parliament Street, Transport Bhawan, New Delhi. 2. The Chairman, National Highways Authority of India, G-5 & 6, Sector – 10, Dwarker, New Delhi – 110 075. 3. The Project Director and Manager (Tech.) National Highways Authority of India, (Ministry of Shipping Road Transport & Highways), II Floor, 'Sethuram', No.14, Sundaresa Iyer Layout, (Opp. Rainbow Manor), Trichy Road, Coimbatore – 41 018. 4. The Special District Revenue Officer, Land Acquisition, National Highways, Salem – Dharmapuri District, At Krishnagiri. +1 cc to Mr.P.Wilson, Advocate, SR.No.32714 +1 cc to Mr.K.Selvaraj, Advocate, SR.No.32652 W.P.No.22197 of 2008 and M.P.Nos.1 & 2 of 2008 LA {CO} TP/12.8.2009. https://hcservices.ecourts.gov.in/hcservices/