Madras High Court
R.Mohan vs The Assistant Divisional Engineer on 5 April, 2022
Author: R.Vijayakumar
Bench: R.Vijayakumar
W.P(MD)No.528, 709, 1000, 1006, 1010, 1014, 2194, 2235, 2239 & 2240 of
2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE PARESH UPADHYAY
and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)Nos.528, 709, 1000, 1006, 1010, 1014, 2194, 2235, 2239
& 2240 of 2021
and
W.M.P(MD) Nos.452, 453, 591, 875, 876, 880, 882, 887, 886, 889,
890, 1826, 1856, 1861 & 1860 of 2021
and
Cont.P(MD) No.12 of 2021
W.P(MD) No.528 of 2021
R.Mohan .. Petitioner
-Vs-
The Assistant Divisional Engineer,
National Highway,
Tiruchirappalli. .. Respondent
PRAYER: Writ Petitions filed under Article 226 of the Constitution of
India praying for the issuance of a Writ of Certiorari calling for the
records relating to the impugned order passed by the respondent in
his proceedings br/K/f/v-z;/nj/be//cnfh/bgh/jpUr;rp/Mf;fpukpg;g[/2020
dated 30.12.2020 and the consequential impugned order passed by
the respondent vide his proceedings Nil dated 30.12.2020 and
quash the same as illegal.
https://www.mhc.tn.gov.in/judis
1/4
W.P(MD)No.528, 709, 1000, 1006, 1010, 1014, 2194, 2235, 2239 & 2240 of
2021
For Petitioner : Mr.M.Ajmal Khan, Senior Counsel
For Respondents : Mr.Veera Kathiravan,
Additional Advocate General
Assisted by
Mr.B.Saravanan,
Additional Government Pleader
COMMON ORDER
[Made by R.VIJAYAKUMAR, J.] These writ petitions have been filed challenging the jurisdiction of the authorities under the State Highways Act for issuing an order of eviction over the alleged encroachment made in National Highways.
2. The contempt petition has been filed against the respondent for the alleged wilful disobedience of the order dated 30.12.2020 passed by this Court in W.P.(MD) No.19978 of 2020.
3. The issue is no longer res integra. The Hon'ble Supreme Court of India in the judgment reported in (2021) 10 SCC 505 has held that, after passing of the central enactment namely, 'Control of National Highways (Land and Traffic) Act, 2002', any encroachment in the National Highways has to be dealt with only by the authorities https://www.mhc.tn.gov.in/judis 2/4 W.P(MD)No.528, 709, 1000, 1006, 1010, 1014, 2194, 2235, 2239 & 2240 of 2021 under the National Highways Act and authorities under the State Highways Act will not have any jurisdiction to deal with the encroachments made in the National Highways.
4. Following the judgment of the Hon'ble Supreme Court of India (cited supra), these writ petitions are allowed. The authorities under the National Highways Act are at liberty to initiate proceedings as contemplated under Section 26 of Control of National Highways (Land and Traffic) Act, 2002, if they are so advised. No costs. Consequently, connected miscellaneous petitions would not survive.
5. In view of allowing of these writ petitions, the contempt petition stands closed.
[P.U., J] [R.V., J]
05.04.2022
Index : No
pkn/14
To
The Assistant Divisional Engineer, National Highway, Tiruchirappalli.
https://www.mhc.tn.gov.in/judis 3/4 W.P(MD)No.528, 709, 1000, 1006, 1010, 1014, 2194, 2235, 2239 & 2240 of 2021 PARESH UPADHYAY, J.
and R.VIJAYAKUMAR, J.
pkn W.P(MD)No.528, 709, 1000, 1006, 1010, 1014, 2194, 2235, 2239 and 2240 of 2021 05.04.2022 https://www.mhc.tn.gov.in/judis 4/4