Chennai: The Madras High Court has dismissed a petition by a private firm seeking to restrain authorities from dispossessing them of the property which has been acquired for a road project.
Petitioner Veeyel Enterprises of Poonamallee had sought the relief contending that the acquisition proceedings under Tamil Nadu High Ways Act has no existence as on date in view of the central Land Acquisition Act of 2013 coming into force.
Rejecting the contentions, Justice N Kirubakaran said the petitioner had lost his case before a single judge as well as a division bench of the court and the Supreme Court had also dismissed its stay application in the pending Special Leave Petition and hence cannot prevent the authorities from taking possession of the land lawfully after issuing notice.
The company's site in Nazrethpet village measuring 7,250 sq.m had been among the lands acquired by the state highways department for development of an Outer Ring Road.
In the department's reply, the Special Tahsildar of the project and others submitted that Tamil Nadu High Ways Act, 2001, had not been repealed by the new central Act.
It further said the government had passed an order on May 29, 2014 stating that interim compensation has to be determined based on the procedure already in vogue, subject to additional compensation as per the provisions of 2013 new Central Act.
The Judge held that the action contemplated by the authorities cannot be faulted with and the petition cannot be entertained.
He directed the petitioners to hand over the possession of the land within four weeks, failing which it would be open to the authorities to take possession.
Petitioner Veeyel Enterprises of Poonamallee had sought the relief contending that the acquisition proceedings under Tamil Nadu High Ways Act has no existence as on date in view of the central Land Acquisition Act of 2013 coming into force.
Rejecting the contentions, Justice N Kirubakaran said the petitioner had lost his case before a single judge as well as a division bench of the court and the Supreme Court had also dismissed its stay application in the pending Special Leave Petition and hence cannot prevent the authorities from taking possession of the land lawfully after issuing notice.
In the department's reply, the Special Tahsildar of the project and others submitted that Tamil Nadu High Ways Act, 2001, had not been repealed by the new central Act.
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The Judge held that the action contemplated by the authorities cannot be faulted with and the petition cannot be entertained.
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