Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Control of National Highways (Land and Traffic) Act 2002 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Control of National Highways (Land and Traffic) Act, 2002 – s.26 – Tamil Nadu State Highway Act, 2001 – s.28(2)(iii) – National Highway Act, 1956 – s.5 – Show cause notices issued to the appellants alleging that they have encroached upon the property comprising in the ‘National Highway’ – Appellants filed writ petitions before the High Court contending that the notices were issued u/s. 28(2)(iii) of the State Act 2001 and the authorities did not had jurisdiction under the said Act – High Court did not find any error in the show cause notices and the writ petitions were dismissed – Before the Supreme Court, the State contended that a notification was issued u/s. 5 of the 1956 Act and roads where the said encroachments had taken place were covered by the notification – It was further contended that the State had issued show cause notices under the State Act 2001 and the officer who issued notices had jurisdiction – Held: A perusal of s.26 of the 2002 Act, bearing in mind the object with which the said law was enacted, there is no doubt, as regards power and procedure for the removal of any encroachment at a National highway – The appropriate Act is the Act of 2002 – The show cause notices which were issued u/s.28 of the State Act, 2001 issued under the provisions of the notification issued u/s.5 of the 1956 Act were unauthorised – The authority to action and the law where such action can be taken are all found located in 2002 Act – Therefore, the impugned show cause notices stand set aside – The impugned judgment is set aside and writ petitions are allowed. |
Judge | Hon'ble Mr. Justice K.M. Joseph |
Neutral Citation | 2021 INSC 420 |
Petitioner | Gunasekaran |
Respondent | The Divisional Engineer National Highways & Ors. |
SCR | [2021] 8 S.C.R. 1149 |
Judgement Date | 2021-08-24 |
Case Number | 4946 |
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