Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2001 Land Acquisition – Tamil Nadu Highways Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Land Acquisition – Tamil Nadu Highways Act, 2001 – ss. 15(1), 15(2) and 15(3) – Land of the petitioner-original land owner was acquired under provisions of the Tamil Nadu Highways Act (‘Act’) – Notice issued u/s. 15(2) of the Act inviting objections – Petitioner submitted objections to proposed land acquisition – Thereafter, notification issued u/s. 15(1) of the Act – Petitioner filed writ before the High Court contending, inter alia, that the notification u/s. 15(1) is in violation of the procedure to be followed u/r. 5 of the Tamil Nadu Highways Rules, 2003 – It was contended on behalf of the petitioner that notification u/s.15(1) was issued without waiting for any response from the Highways Departments/authorities to the objections raised by the petitioner – High Court opined that there was substantial compliance and there was no illegality committed in issuing the notification u/s. 15(1) of the Act – Special leave to appeal – Held: The object and purpose of r. 5(2) is to hear the Highways Department on the objections raised by the original land owners – r. 5(2) further provides that the Highways Department may file a statement by way of answer to the objections – It is not a mandatory requirement – Highways Department may or may not file a statement by way of answer to the objections – Therefore, non-filing of statement by way of answer to the objections by the Highways Department and/ or non-furnishing the copy of the same to the original land owners shall not vitiate the entire process of acquisition process and/ or the notification issued u/s. 15(1) of the Act – Therefore, High Court was right in observing that there was a substantial compliance of s. 15 of the Act, 2001 r/w r. 5 of the Rules, 2003 – No interference called for – Tamil Nadu Highways Rules, 2003 – r. 5. |
Judge | Hon'ble Mr. Justice Mukeshkumar Rasikbhai Shah |
Neutral Citation | 2022 INSC 903 |
Petitioner | M. Mohan |
Respondent | The State Government Of Tamil Nadu & Ors. |
SCR | [2022] 16 S.C.R. 139 |
Judgement Date | 2022-09-02 |
Case Number | 12616 |
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