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Showing contexts for: common plot in The Additional Chief Secretary To ... vs P.Arunkumar on 6 November, 2025Matching Fragments
14. High Court in exercise of powers of judicial review cannot direct National Highways Authority or State Highways Authority to compulsorily acquire the land when authorities have expressly made that the subject land cannot be utilised for any public purpose. Since the administrative decision has been taken on the ground that left out land cannot be utilised for public purposes, the same cannot be insisted upon. No doubt, in the present case, land owners may suffer certain loss, however, in this regard also, we have examined the compromise decree between the family members passed in a partition suit in O.S.No.1204 of 1998 on the file of VII Additional City Civil Court dated 22.07.1998 and the land locked portion has been earmarked as a common pathway for usage of respective allottees of plots in the entire location. Therefore, we are in doubt whether appellants alone can claim exclusive right in respect of such common access provided pursuant to https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/12/2025 05:01:05 pm ) the partition decree. In any event, land owners have not been vigilant in exercising their right conferred under National Highways Act. Therefore, this Court at this length of time cannot allow the owners to exercise such right nor direct the Central or the State Government to pay damages or to acquire the land compulsorily.