Madras High Court
V.Alfred vs The Secretary on 6 July, 2021
W.A.(MD).No.340 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.07.2021
CORAM:
The Hon'ble Mr.JUSTICE T.S.SIVAGNANAM
AND
The Hon'ble Mrs.JUSTICE S.ANANTHI
W.A.(MD).No.340 of 2019
V.Alfred ...Appellant
Vs.
1. The Secretary,
Ministry of Transport and Highways,
Government of India,
New Delhi.
2. The Special District Revenue Officer (Land Acquisition),
National Highways,
299/A1 A2-3rd Middle Street,
Thiyagarajar Nagar,
Tirunelveli – 11.
3. The Project Director,
National Highways Authority of India,
Tirunelveli. ....Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letter Patent Act, to
set aside the order dated 29.11.2018 made in W.P(MD).No.7619 of 2015
on the file of this Court and allow the above writ appeal.
1/6
https://www.mhc.tn.gov.in/judis/
W.A.(MD).No.340 of 2019
For Appellant : Mr.K.K.Kannan
For Respondents : Mr.S.Jeyasingh,
Central Government Standing Counsel,
For R1.
Mr.A.K.Manickam,
Standing Counsel for Govt.
For R2.
Mr.C.Arulvadivel @ Sekar,
For R3.
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
This Writ Appeal is directed against the order dated 29.11.2018
made in W.P.(MD)No.7619 of 2015.
2. Heard the learned counsel for the appellant and the learned
counsel for the respondents.
3. The said Writ Petition was filed challenging the notification
issued under Section 3 D(1) of the National Highways Act, 1956, dated
07.02.2011 and the Writ Petition was dismissed by the impugned Order.
https://www.mhc.tn.gov.in/judis/
W.A.(MD).No.340 of 2019
4. After elaborately hearing the learned counsel for the appellant
and the learned counsel for the respondents, we find that the learned Writ
Court has rightly dismissed the Writ Petition. We approve the conclusion
of the learned Writ Court for following reasons.
5. The Writ Petition was filed in the year 2015, challenging the
notification issued under Section 3 D(1) of the National Highways Act,
1956. Therefore, the writ petition was liable to be dismissed on the
ground of unexplained delay and laches. Secondly, the Writ Petition was
liable to be dismissed as not maintainable as the award was passed as
early as on 28.03.2013 and thirdly, the project has been implemented by
the National Highways authorities.
6. The learned counsel for the appellant would contend the
appellant has not been paid compensation.
https://www.mhc.tn.gov.in/judis/
W.A.(MD).No.340 of 2019
7. The learned counsel appearing for the National Highways
Authority would submit that the compensation was paid.
8. This dispute cannot be resolved here. If the appellant has also
pleaded before the concerned District Court for enhancement of
compensation, we leave it open to the appellant to pursue his claim for
enhancing compensation in the said petition pending before the
appropriate District Court.
9. With the above observations, this Writ Appeal stands dismissed.
No costs.
(T.S.S.,J.) (S.A.I.,J.)
06.07.2021
Index : Yes/No
Internet : Yes/No
kmm/sm
Note : In view of the present lock down owing to COVID-19 pandemic, a
web copy of the order may be utilized for official purposes, but, ensuring
that the copy of the order that is presented is the correct copy, shall be
the responsibility of the advocate/litigant concerned.
https://www.mhc.tn.gov.in/judis/
W.A.(MD).No.340 of 2019
To
1. The Secretary,
Ministry of Transport and Highways,
Government of India,
New Delhi.
2. The Special District Revenue Officer (Land Acquisition),
National Highways,
299/A1 A2-3rd Middle Street,
Thiyagarajar Nagar,
Tirunelveli – 11.
3. The Project Director,
National Highways Authority of India,
Tirunelveli.
https://www.mhc.tn.gov.in/judis/
W.A.(MD).No.340 of 2019
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
kmm/sm
Order made in
W.A.(MD).No.340 of 2019
Dated:
06.07.2021
https://www.mhc.tn.gov.in/judis/
