The Hindu Business Line : No illegality in acquisition of land for widening highway: HC

A plea made by the owner of a piece of land for realignment of an adjacent road to facilitate four-laning and widening of National Highway No 45B, instead of acquisition of his land as proposed by the authorities, has been rejected by the Madras High Court.

Dismissing a writ petition by the land owner in Manaparai Taluk in Tiruchi district challenging action initiated by the Director General of Road Development, Ministry of Road Transport & Highways, Mr Justice K. Chandru held that if the suggestion of the petitioner was accepted, then it would require a big detour, which was not conducive for national highway, especially considering the fact that these highways were linked to the other national highways in the country.

The petitioner, Mr L. Srinivasan, submitted that the District Revenue Officer, Tiruchi, had issued an order dated November 12, 2004 proposing to acquire his land for four-laning and widening of the National Highway.

He objected to the order saying the proposed road alignment would affect a big concrete dwelling house, irrigating well as well as a small temple. A part of highway coming from Tiruchi to Viralimalai, the proposed alignment fell within the land owned by him. He contended that the existing road could be used for four-lane traffic by putting a road divider in the middle of road, and there was no necessity to acquire the land owned by him.

In his counter, the Planning Director, National Highways, contended that any deviation in ongoing project as sought for by petitioner might cause much hindrance & hardship in implementation of this project. The objection raised by the petitioner had been rejected after due consideration. However, it was assured that due compensation would be paid to him.

The Additional Central Government Standing Counsel submitted that the only objection of petitioner seemed to be acquisition of fertile land owned by him. This objection was considered by experts who had drafted the original development plan. According to experts, realignment was not possible as it would frustrate the very process itself.

The Judge cited rejection of similar contention by Division Bench of this Court dated September 7, 2006 and said that he did not find any illegality or irregularity in impugned proceedings initiated by respondents. The writ petition failed and same shall stand dismissed.

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No illegality in acquisition of land for widening highway: HC