Madras High Court
M/S.Lan Spintex Private Ltd vs The Union Of India on 1 March, 2023
W.A(MD)No.333 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.03.2023
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
AND
THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN
W.A(MD)No.333 of 2019
and
C.M.P(MD)Nos.2658 to 2660 of 2019
and
C.M.P(MD)Nos.3200 & 3555 of 2020
and
W.P(MD)No.2680 of 2021
and
W.M.P(MD)Nos.2210 & 2211 of 2021
and
W.M.P(MD)No.12520 of 2022
W.A(MD)No.333 of 2019
M/s.Lan Spintex Private Ltd.,
(Formerly M/s.Best Lan Spintex Private Ltd.,)
Rep. by its Authorized Signatory,
No.89/2, Padmavathipuram,
Avinashi Road,
Tiruppur-641 603. ... Appellant/Petitioner
.Vs.
1/12
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W.A(MD)No.333 of 2019
1.The Union of India,
Rep. by its Principal Secretary,
Ministry of Road Transport and Highways,
New Delhi-110 001.
2.The Chairman,
National Highway Authority of India,
G-5 & 6, Sector 10, Dwaraka,
New Delhi-110 075.
3.The District Collector,
Office of the District Collector,
Dindigul,
Dindigul District-624 004.
4.The Authorized Officer &
Special District Revenue Officer,
(National Highways-Land Acquisitions),
D.No.567, APJ Abdul Kalam Road,
Sennamanaickanpatti,
Dindigul-624 004.
5.The Deputy General Manager & Project Director,
(Project Implementation Unit),
National Highways Authority of India,
Aishwaryam Heights,
Indhira Nagar.
Sennamanaickanpatti,
Dindigul-624 004.
6.The Regional Officer,
National Highways Authority of India,
Regional Office,
Madurai.
2/12
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W.A(MD)No.333 of 2019
7.The Technical Manager,
Bye-Pass-NH 209,
Dindigul to Pollachi,
Regional Officer,
Madurai. ... Respondents/Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent Act, to set
aside the order dated 07.02.2019 in W.P(MD)No.17116/2018 passed by this
Court.
For appellant : Mr.N.Manokaran
For R1 : Mr.S.Jeyasingh
Senior Panel Counsel
For R3 & R4 : Mr.D.Sasikumar
Additional Government Pleader
For R2, R5 & R6 : Mr.P.Karthick
Standing Counsel
W.P(MD)No.2680 of 2021
M/s.Lan Spintex Private Ltd.,
Rep. by its Authorized Signatory,
89/2, Padmavathipuram,
Avinashi Road,
Tiruppur-641 603. ... Petitioner
.Vs.
1.The Union of India,
Rep. by Principal Secretary to Govt.,
Ministry of Road Transport and Highways,
New Delhi-110 001.
3/12
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W.A(MD)No.333 of 2019
2.The National Highway Authority of India,
Rep. by its Chairman,
G-5 & 6, Sector 10, Dwaraka,
New Delhi-110 075.
3.The District Collector,
Dindigul District,
Dindigul -624 004.
4.The Authorized Officer -cum-
Special District Revenue Officer,
(Land Acquisitions),
D.No.567, APJ Abdul Kalam Road,
Sennamanaickanpatti,
Dindigul-624 004.
5.The Deputy General Manager (Tech)
Cum Project Director,
National Highways Authority of India,
Project Implementation Unit,
Dindigul-624 004. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to
issue a Writ of Certiorarified Mandamus calling for the records relating to the
impugned Gazette Notification in S.O.1670 (E) dated 29.04.2019 published in the
Gazette of India Extraordinary No.1485, Part II Sec.3 Sub Sec.II, dated
01.05.2019 issued by the first respondent under Sec.3 D (1) of the National
Highways Act, 1956, quash the same and consequently directing the respondents
to proceed with the alternative, convenient and less expensive straight line as
pointed out by the petitioner in its representation dated 07.10.2020.
4/12
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W.A(MD)No.333 of 2019
For petitioner : Mr.N.Shanmugaselvam
For R1 : Mr.S.Jeyasingh
Senior Panel Counsel
For R3 & R4 : Mr.D.Sasikumar
Additional Government Pleader
For R2 & R5 : Mr.P.Karthick
Standing Counsel
COMMON JUDGMENT
DR.G.JAYACHANDRAN,J.
AND
K.K.RAMAKRISHNAN,J.
M/s. Lan Spintex Private Limited is the petitioner in W.P(MD)No.2680 of
2021 and appellant in W.A(MD)No.333 of 2019 arising out of the order passed in
W.P(MD)No.17116 of 2018.
2. The sum and substance of the lis revolves around that the land
acquisition project for the development of Dindigul to Pollachi Section of NH
209 which crosses the land of the M/s.Lan Spintex Private Limited, where, they
have located their Textile Park Industry.
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W.A(MD)No.333 of 2019
3. The grievance of the petitioner/appellant is that the proposed NH 209
highway project literally bisect their mill premises in two part leading to
incidental complication due to the location of the factory premises and the other
portion of the property which will fall on the other side of the proposed road.
4. The writ petition in W.P(MD)No.17116 of 2018 was filed to quash the
impugned notification published under Section 3A(1) of the National Highways
Act, 1956 came to be disposed on 07.02.2019 taking into account the grievance
expressed by the land owner, namely, the petitioner and the alternative suggestion
proposed by the acquisition authority, namely, the Highways Department to the
effect that they will put up a vehicle under pass for smooth functioning of the mill
and utilisation of the land on either side of the road. Recording the undertaking
given by the Highways Department, the writ petition was dismissed. Not being
satisfied with the direction of vehicle under pass will mitigate their grievance writ
appeal in W.A(MD)No.333 of 2019 was filed.
5. Pending the said writ appeal, M/s.Lan Spintex Private Limited filed writ
petition in W.P(MD)No.2680 of 2021 challenging Section 3D(1) of the National
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W.A(MD)No.333 of 2019
Highways Act, 1956, dated 29.04.2019 to quash the same and consequently direct
the respondents to proceed with the alternative, convenient and less expensive
straight line as requested by the petitioner in his representation, dated 07.10.2020.
6. Pending writ appeal as well as the writ petition for the prayer stated
above, now, the land owner and the second respondent NHA have arrived at
amicable settlement. The memorandum of understanding been signed by the
petitioner/land owner and the 5th respondent/the Project Director, National
Highways Authority of India. The memorandum of understanding reads as
below:-
“3. It is submitted that in the above circumstances, the second
respondent who is the contesting respondent in the above said writ
petition and the petitioner has come forward to arrive a settlement
amicably relating to the subject matter involved and challenged in
the writ petition and both parties agrees to settle the issue amicably
in the following terms.
a. The writ petitioner has no objections to go ahead with the
original plan as per the impugned notification in S.O.1670 (E) dated
29.04.2019 published in the Gazette of India extraordinary No.1485,
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W.A(MD)No.333 of 2019
Part-II Sec.3 Sub.Sec.II, dated 01.05.2019 issued by the first
respondent under sec.3 D (1) of the National Highways Act, 1956.
As per original profile without any alignment changes.
b. The National Highways Authority/2nd respondent undertakes
to establish a SVUP passing from south to north in additional to
original plan admeasuring 7m x 4m of size for enabling free
movement of workers and vehicles from south to north end for
crossing the road at a suitable place. The NHAI/2nd respondent had
already obtained approval of the NHAI Head Quarters for providing
VUP of size 12m x 5.5 m for the smooth function of the petitioner's
mill, now the petitioner has requested for providing a SVUP instead
of VUP, which will be cost effective and it will reduce the
construction period to complete the project, therefore it will be
beneficial for both the parties.
c. The writ petitioner also undertakes to withdraw the writ
appeal in W.A(MD)No.333 of 2019 pending before this Hon'ble
Court.”
7. The land which is required for a public purpose cannot acquire following
the principle of eminent domain. Further, the land owner need to be compensated
adequately and also the said acquisition should not be arbitrary or malafide
exercise of power. In this case, the petitioner/land owner had tried to expose his
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W.A(MD)No.333 of 2019
cause and difficult in the alignment of the road and now after deliberation, parties
have arrived at settlement which reflected in the terms of memorandum of
understanding which is extracted above.
8. In view of the settlement between the land owner and the Highways
Department nothing survives in this writ appeal as well as the writ petition which
is directed against the notification leading to acquisition proceedings.
9. Hence, the writ appeal and the writ petition are disposed of in terms of
the compromise entered between the parties as stated above. The memorandum
of understanding shall form part of the order. No costs. Consequently, connected
miscellaneous petitions are closed.
[G.J.,J.] [K.K.R.K.,J.]
01.03.2023
Index : Yes / No
Internet : Yes / No
am
https://www.mhc.tn.gov.in/judis
W.A(MD)No.333 of 2019
To
1.The Principal Secretary,
Ministry of Road Transport and Highways,
New Delhi-110 001.
2.The Chairman,
National Highway Authority of India,
G-5 & 6, Sector 10, Dwaraka,
New Delhi-110 075.
3.The District Collector,
Office of the District Collector,
Dindigul, Dindigul District-624 004.
4.The Authorized Officer &
Special District Revenue Officer,
(National Highways-Land Acquisitions),
D.No.567, APJ Abdul Kalam Road,
Sennamanaickanpatti,
Dindigul-624 004.
5.The Deputy General Manager & Project Director,
(Project Implementation Unit),
National Highways Authority of India,
Aishwaryam Heights,
Indhira Nagar.
Sennamanaickanpatti,
Dindigul-624 004.
6.The Regional Officer,
National Highways Authority of India,
Regional Office,
Madurai.
https://www.mhc.tn.gov.in/judis
W.A(MD)No.333 of 2019
7.The Technical Manager,
Bye-Pass-NH 209,
Dindigul to Pollachi,
Regional Officer,
Madurai.
https://www.mhc.tn.gov.in/judis
W.A(MD)No.333 of 2019
DR.G.JAYACHANDRAN, J.
and
K.K.RAMAKRISHNAN,J.
am
W.A(MD)No.333 of 2019
and
W.P(MD)No.2680 of 2021
01.03.2023
https://www.mhc.tn.gov.in/judis
