The Hindu 19.09.2009
Bench upholds flyover notification
Special Correspondent
| Single judge found no justification for invoking urgency clause |
Photo: S.R. Raghunathan 
Work on the flyover is likely to be expedited. —
CHENNAI: The Madras High Court on Friday allowed appeals by the Chennai Corporation and the State, challenging a single Judge’s order quashing a notification relating to the construction of a flyover at the junction of Cenotaph Road and Turnbulls Road on the ground that there was no justification for invoking the urgency clause.
In its order, a Bench, comprising Chief Justice H.L. Gokhale and Justice D. Murugesan, said that the acquisition of land was only to an extent of 18,225 sq. feet. Only the compound walls of the buildings belonging to landowners, two pump rooms, a generator room, a ground floor, dining hall of a hotel, a sweet shop, and a ground floor shop constructed without authorisation were to be demolished.
The service lanes were absolutely necessary for the free flow of traffic once the flyover was constructed. These parallel service lanes would be indispensable to the neighbours for access to their premises, and they could not have any grievance over the notification of the urgency clause. In that context, the dispensation of enquiry could not be found fault with.
The Bench said that in its opinion, even if there were certain non-compliance of the guidelines, the court should desist from interfering with the acquisition proceedings initiated for a definite public purpose. Consequently, the Bench said it should necessarily uphold the notification.
The government had issued a notification under the Land Acquisition Act for acquiring land for the flyover. It had invoked the urgency clause. By the same notification, it had also dispensed with the enquiry.
These were challenged. A single Judge, in an order issued in May this year, had quashed the notification on the ground that there was no justification for invoking the urgency clause.
