Tamil Nadu   

Petitions against Highway Department dismissed

Special Correspondent

Alleged discrimination by authorities in charge of land acquisition Building plan approval on May 27, 2003; The road was declared a State highway on October 6, 2003

CHENNAI: Two writ petitions, alleging discrimination by the Highway Department authorities in charge of land acquisition for the Information Technology Corridor along the Old Mahabalipuram Road here, have been dismissed by the Madras High Court.

The petitioners, who included R. Kumar and five others, challenged the acquisition notification alleging that the acquisition was illegal and arbitrary as the original road plan had been altered resulting in a bend in the alignment of the road so as to benefit a particular residential complex.

The shifting standards of the Highways Department in varying the road alignment is reflected by the markings made by it on two occasions — one, widening by 7.2 to 7.5 metres and the other, subsequently changing it into 12.5 to 13.8 metres. According to the petitioners, the change in the road plan would not only bring down the entire front façade of the building but would also cause extensive damage to the entire structure. They said no public purpose would be served in demolishing the building.

Maintaining that the building was constructed as per the sanctioned plan of the Chennai Metropolitan Development Authority (CMDA), they said the required procedure for changing the road alignment and width contemplated under the Tamil Nadu Highways Act was not followed.

However, Additional Advocate-General P.S. Raman said the approved plan for the building was given on May 27, 2003 whereas the road was declared a State highway on October 6, 2003. Until declaration is made, the highways authorities cannot take the work of construction, maintenance and development, he said.

Even restrictions on the "ribbon development" (construction activity on either side of a notified highway) cannot be imposed, he added.

In his order, Justice A. Kulasekaran said that under the provisions of the Tamil Nadu Town and Country Planning Act, the Government may issue a notification at any time and vary or revoke the master plans. The master plan is not a permanent one and that it can be reviewed by the Government, he ruled.

"Acquisition will be valid if it is for public purpose, even if it is not for the type of user permitted by the master plan in force at the time of acquisition is made," he said.

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