Madras High Court
Malladi Drugs And ... vs The Union Of India on 6 July, 2022
W.A.No.231 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.07.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
AND
THE HON'BLE MRS.JUSTICE N.MALA
W.A.No.231 of 2022
Malladi Drugs and Pharmaceuticals Ltd.,
rep. By its Authorized Signatory,
having registered office at No.9, GST Road,
St.Thomas Mount,
Chennai 600 016 ... Appellant
versus
1.The Union of India,
rep. By its Principal Secretary,
Ministry of Road Transport and Highways,
New Delhi 110001
2.The Chairman,
National Highways Authority of India,
G-5 &6, Sector 10, Dwaraka,
New Delhi 110075
3.The District Collector,
Vellore District.
4.The Special District Revenue Officer (in-charge)
National Highways (Land Acquisition)
Vellore 632 009
5.General Manager (Technical) & Project Director,
___________
Page 1 of 7
https://www.mhc.tn.gov.in/judis
W.A.No.231 of 2022
Project Implementation Unit, Krishnagiri
National Highways Authority of India,
No.259/1, Salem Main Road,
Near KAKC Petrol Bunk,
Krishnagiri 635 001.
6.The Regional Officer,
National Highways Authority of India,
Regional Office,
Guindy, Chennai. ... Respondents
Prayer: Appeal filed against the order dated 15.12.2021 in WP No.34223 of
2019.
For the Appellant : Mr.AR.L.Sundaresan,
Senior Counsel,
for M/s.Cibi Vishnu
For the Respondents : Mr.Su.Srinivasan,
Standing Counsel,
for respondents 2, 5 and 6
Mr.P.Muthkumar,
State Government Pleader,
for respondents 3 and 4
JUDGMENT
(Judgment of the Court was delivered by
the Hon'ble Chief Justice)
The writ appeal is filed against the order dated 15.12.2021, in WP
No.34223 of 2019, by which the writ appellant's challenge to land
___________
https://www.mhc.tn.gov.in/judis
W.A.No.231 of 2022
acquisition was dismissed.
2. The appeal was kept pending to explore the possibility of alternate
alignment as it was affecting the boilers and part of the industry of the
appellant. The consequential effect was even on environmental clearance
on account of compulsory acquisition of the land. After many rounds of
meeting between the parties, the matter could not be settled to have an
alternative alignment of the road. It is more so when the writ appellant was
even willing to offer the land without seeking compensation.
3. Since things could not be worked out, learned Senior Counsel for
the appellant submitted that the appeal may be closed but keeping the rights
of the appellant open to pursue all available rights which may be with
reference to the quantification of compensation; or even if any issue
regarding the environmental clearance arises, to contest with reference to
compulsory acquisition of the land. The liberty aforesaid is required to save
the industry and also the labourers working therein, otherwise, on account
of the compulsory acquisition of land, it may affect the environment
clearance and even the livelihood of labourers .
___________
https://www.mhc.tn.gov.in/judis
W.A.No.231 of 2022
4. In view of the submission made above, we do not find a case to
cause interference in the judgment of learned Single Judge, rather, the
appeal is closed, as prayed, however, keeping all the rights of the appellant
reserved, otherwise given in this order in an illustrative manner.
5. At this stage, prayer is made to allow the appellant to shift the
boilers and superstructures, which is going to be time consuming, so that it
may not affect the running of the industry. Learned counsel for the National
Highway Authority, submitted that a representation regarding it may be
given to the authority.
6. In view of the above, we allow the appellant to make a
representation to seek permission to shift the boilers and superstructure
within a period of one year before giving possession and in case of any
such representation being made within two weeks from today, the National
Highway Authority would be expected to consider it appropriately so that the
running of the industry may not be affected, which may otherwise affect the
livelihood of the labourers. An appropriate decision in that regard would be
___________
https://www.mhc.tn.gov.in/judis
W.A.No.231 of 2022
taken by the authority concerned keeping in mind the aforesaid and
accordingly, reasonable time would be given for possession of land.
7. With the aforesaid, the writ appeal is dismissed. There will be no
order as to costs. Consequently, C.M.P.Nos.1673, 1675 and 1679 of 2022
are closed.
(M.N.B., CJ.) (N.M., J.)
06.07.2022
Index : Yes/No
tar
To
1.The Principal Secretary,
Ministry of Road Transport and Highways,
New Delhi 110001
2.The Chairman,
National Highways Authority of India,
G-5 &6, Sector 10, Dwaraka, New Delhi 110075
3.The District Collector,
Vellore District.
4.The Special District Revenue Officer (in-charge)
National Highways (Land Acquisition)
Vellore 632 009
___________
https://www.mhc.tn.gov.in/judis
W.A.No.231 of 2022
5.General Manager (Technical) & Project Director,
National Highways Authority of India,
No.259/1, Salem Main Road,
Krishnagiri 635 001.
6.The Regional Officer,
National Highways Authority of India,
Regional Office,
Guindy, Chennai.
___________
https://www.mhc.tn.gov.in/judis
W.A.No.231 of 2022
M.N.Bhandari, CJ.
and
N.Mala, J.
(tar)
W.A.No.231 of 2022
06.07.2022
___________
https://www.mhc.tn.gov.in/judis
