Non Filing Of Statement By Highways Department Answering Land Owners' Objections Will Not Vitiate Acquisition Under TN Highways Act: Supreme Court

The Supreme Court observed that non-­filing of a statement by the Highways Department answering the objections of land owners shall not vitiate land acquisition proceedings under Tamil Nadu Highways Act, 2001.

"It is not a mandatory requirement. Therefore, the Highways Department may or may not file a statement by way of answer to the objections.", the bench comprising Justices MR Shah and BV Nagarathna observed.

TN Highways Act

Section 15 of the TN Highways Act deals with the power to acquire land. Rule 5 of the Tamil Nadu Highways Rules 2003 provides the manner of publication of the public notice. Rule 5(2) provides that if any objection is received from a person interested in the land within the time prescribed in the public notice, the Government or the Collector or the Special Deputy Collector (Land Acquisition), Tamil Nadu Urban Development Project III, as the case may be, shall fix a date for hearing the objections and give notice thereof to the objector as well as to the Highways Department. Copies of the objection shall also be forwarded to the Highways Department. The Highways Department may file on or before the date fixed by the Government or the Collector as the case may be, a statement by way of answer to the objections and may also depute a representative to attend the enquiry. 

Background

In this case, the land owners' writ petition was dismissed by the Madras High Court observing that there was a substantial compliance of the procedure as required to be followed under Rule 5 of Rules, 2003 inasmuch as the objections raised by the original land owner, were specifically dealt with and considered before issuing the notification under Section 15(1) of the Act, 2001.

Contentions/issues

Before the Apex Court, Senior Advocate Huzefa A. Ahmadi, who appeared for the land owners, contended that in the present case, without waiting for any response from the Highways Department/authorities to the objections raised by the  original land owner, notification under Section 15(1) of the Act, 2001 has been issued.

The issue raised was whether the part of Rule 5(2) which provides that the Highways Department may file a statement by way of answer to the objections is a mandatory requirement.

It is not a mandatory requirement

Referring to the provisions of the TN Highways Act and Rules, the bench, while dismissing the Special Leave Petition, observed:

"Sub­rule (2) of Rule 5 provides that if any objection 14 is received from a person interested in the land within the time prescribed in the public notice issued under subsection 2 of Section 15, the Government or the Collector or the Special Deputy Collector (Land Acquisition), shall fix a date for hearing the objections and give notice thereof to the objector as well as to the Highways Department. It further provides that copies of the objection shall also be forwarded to the Highways Department and the Highways Department MAY file on or before the date fixed by the Government or the Collector, as the case may be, a statement by way of answer or response to the objections and may also depute a representative to attend the enquiry. The object and purpose of sub­rule (2) of Rule 5 seems to be to give an opportunity to the Highways Department also to meet with the objections raised by the land owners and so as to give an opportunity to the Highways Department to put forward their case. It further provides that the Highways Department may file a statement by way of answer to the objections. It is not a mandatory requirement. Therefore, the Highways Department may or may not file a statement by way of answer to the objections. There is no further provision to furnish a statement by way of answer to the objections filed by the Highways Department to the original land owners. The object and purpose of said sub­rule (2) of Rule 5 as observed hereinabove is to hear the Highways Department on the objections raised by the original land owners. Therefore, non­filing of a statement by way of answer to the objections by the Highways Department and/or non­furnishing the copy of the same to the original land owners shall not vitiate the entire process of acquisition process and/or the notification issued under sub­section (1) of Section 15 of the Act, 2001. It can be said that the said provision is for the benefit of the Highways Department so that no adverse decision is taken by the State Government without giving an opportunity to the Highways Department."

The court, however, disagreed with the observation made by the High Court that Rule 5 being a subordinate legislation is inconsistent with the provision of Section 15(2) of the Act and the same is to be ignored. It is true that the same was not warranted and we are of the opinion that Rule 5 cannot be said to be inconsistent with Section 15(2) of the Act, the court said.

Case details

M. Mohan vs State Government Of Tamil Nadu | 2022 LiveLaw (SC) 737 | SLP(C) 12616­-17/2022 | 2 September 2022 | Justices MR Shah and BV Nagarathna

Headnotes

Tamil Nadu Highways Act, 2001 ; Section 15(2) ; Tamil Nadu Highways Rules, 2003 ; Rule 5(2) - Highways Department may or may not file a statement by way of answer to the objections by land owners - Not a mandatory requirement - Non-­filing of a statement by way of answer to the objections by the Highways Department and/or non­ furnishing the copy of the same to the original land owners shall not vitiate the entire process of acquisition process. (Para 5.1)

Tamil Nadu Highways Act, 2001 ; Section 15(2) ; Tamil Nadu Highways Rules, 2003 ; Rule 5 - Rule 5 cannot be said to be inconsistent with Section 15(2) of the Act. (Para 7)

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