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Order acquiring land for construction of flyover

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The New Indian Express 13.01.2010

Order acquiring land for construction of flyover


CHENNAI: The Madras High Court has set aside the orders of the Director of Municipal Administration and Water Supply acquiring land for the construction of a railway overbridge on Kathivakkam High Road-Cockrain Basin Road in Korukkupet, invoking the urgency clause and dispensing with an inquiry under Section 5-A of the Land Acquisition Act.

“Considering the overall circumstances and the entire file, the issue does not disclose application of mind by any of the authorities as to why the emergency provision under Section 17 of the LA Act was invoked, thereby dispensing with an inquiry under Sec.5-A of the Act, even though the projet is of public importance,” Justice K Venkataraman observed.

“This court is constrained to interfere with the action of the authorities,” the judge added and quashed the acquisition proceedings.

In their writ petitions, Jeevarathinam and two others, owners of the property, sought to quash the orders dated December 14, 2007 issued under Section 6 of the Land Acquisition Act.

Last Updated on Wednesday, 13 January 2010 09:23