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Judgment
R. Subbiah, J.—The Writ Petition has been filed seeking issuance of a Mandamus forbearing the respondents 1 and 2 from establishing any building or weigh bridge abutting Plot No. 1 to 5 of Salai Amman Nagar, Kappalur, Madurai on National Highways 7 near the existing Kappalur Toll Plaza.
The case of the petitioners is that the petitioners are owning Plot Nos. 1, 2, 3 & 4 and 5 respectively in Salai Amman Nagar, Kappalur Panchayat, Madurai District. Their plots are facing National Highways 7, Dindigul - Kanyakumari. The first respondent has illegally erected a toll gate in NH-7. Hence, there was a wide public agitation by the people of Thirumangalam Municipality as well as persons residing South of Tirumangalam in NH 208. The second respondent is having a license to collect toll in the Kappalur Toll Plaza. Now, the petitioner reliably understand that the third respondent/The District Collector, Madurai, has strongly recommended removal of the Toll Plaza from the existing place to another place. While the situation stood thus, the first respondent is making an attempt to erect a weigh bridge just in front of the petitioners Plot Nos. 1 to 5 facing NH 7. If such a weigh bridge is erected in front of the petitioners plots, it will affect their right of ingress and egress from their plots to the road. If the respondents 1 and 2 are permitted to establish a weigh bridge in front of the petitioners plots 1 to 5, it would affect the petitioners right of free movement. Hence, they have come forward with the present Writ Petition.
The first respondent has filed a counter affidavit inter alia stating that for the formation of Madurai-Kanyakumari NH-7 land has been acquired on both sides of the existing road and for formation of Toll Plaza. Likewise, in Kappalur village, it has been proposed to acquire an extent of 7202 Sq.M of private land. For the purpose of above said acquisition, a notification under Section 3A(1) of National Highways Act, 1956 was submitted to the Government of India and the same was approved and it has been published in the Government of India Gazette No. 667 Extra ordinary in S. No. 114(E), dated 01.02.2005. It was also published in the local dailies on 04.03.2005 calling for objections in the manner prescribed. As no objections were received in response to the 3A(i) notification, the notification under Section 3D(i) under the National Highways Act, 1956 was submitted to the Government of India for approval and publication. While submitting the proposals under Section 3D(i), the area to be acquired for National Highways was subdivided and new notation was given as per the subdivision records prepared by the survey officials. The Notification under Section 3D(i) was approved by the Government of India and the same was published in Government of India Gazette No. 1266 in S.O. No. 1717(E) dated 06.12.2005 and public notices u/s. 3G(3) of National Highways Act, 1956 was also published in two local dailies on 07.01.2006 inviting claims from the parties interested in the lands before the competent Authority at Thirumangalam Taluk office on 27.01.2006 to state the nature of their respective interest in such lands. After conducting the enquiry, the Special District Revenue Officer (LA), Virudhungar has passed an award in his Roc.Bio. 102386/2004 dated 22.01.2007 acquiring 7202 Sq. M private land and compensation was also disbursed. In this award, land for the construction of Toll plaza administration building and project facilities was not included. Hence, it was proposed to acquire an extent of 811 Sq. Mts of private dry land in S. Nos. 118 and 119 and 592 Sq. Mts of Government land in Kappalur village. Hence, notification under Section 34(1) of National Highways Act, 1956 was submitted to the Government of India and the same was approved in S.O. No. 1714(E), dated 13.07.2009 and the same was also published in two local dailies u/s. 3A(3) of NH Act, 1956 on 07.08.2009. Since no objections were received in response to the said notification within the stipulated time of 21 days, the notification under Section 3D(i) under National Highways Act, 1956 was submitted to the Government of India for approval. The public notices under Section 3G(3) of National Highways Act, 1956 was also published in two local dailies on 14.09.2010 inviting claims from all the parties interested in the lands to appear before the Competent Authority at Madurai South Taluk office on 19.08.2010 and state the nature of their respective interest in such lands. After conducting the enquiry, award for an extent of 811 Sq.Mts of private land have been passed by the Competent Authority and Special District Revenue Officer, LA-NH 44 & 38, Virudhunagar in his Roc. A2/168/2006 dated 29.04.2011. Since the pattadars have not received the compensation amount, the notices have been sent to the land owners vide this office Lr. No. NHAI/PD/MDU/NH-7/Kappalur/compensation/20115/1035, dated 05.08.2015. The additional award passed for 811 Sq.Mts is for the formation of Toll plaza administration buildings and project facilities. As per the layout, the writ petitioners have right of access from the front side and by erecting the weigh bridge, the legal rights of the writ petitioners is not going to be infringed at all. Thus, they sought dismissal of the Writ Petition.
It is the submission of the learned counsel appearing for the petitioners that now the respondents are constructing weigh bridge just in front of their housing plots bearing Nos. 1 to 5. If the respondents are permitted to construct weigh bridge in front of their plots, it would affect the petitioners right of ingress and egress to the main road from their respective plots. Since no other road is available to reach their housing plots, the petitioners are entitled to have a right to access the highways in front of their housing plots. If such a right is obstructed by any one it is illegal. Therefore, the respondents are not entitled to erect a weigh bridge just in front of the petitioners Plot Nos. 1 to 5 facing NH 7 and thereby obstructing the petitioners'' right of ingress and egress. In support of his contention, the learned counsel for the petitioner relied upon a decision of this Court delivered in Melagaram Town Panchayat v. R.C.M. Sarveswaran Tiruchabai [(2007) 6 MLJ 1642].
Per contra, the learned Assistant Solicitor General of India appearing for the first respondent submitted that challenging the erection of Toll Plaza at Kappalur, writ petition has been filed before this Court and the Division Bench of this Court has directed the National Highways Authority of India to shift the Kappalur Toll Plaza from its present location to a place near the interjection where N.H.7 and N.H.208 bifurcates. Challenging the said order, the National Highways Authority of India has filed Special Leave Petition in S.L.P.(Civil) No. 21470 of 2014 before the Hon''ble Supreme Court of India and the same was admitted and thereafter the Hon''ble Supreme Court of India in Civil Appeal No. 3426 of 2015 by order dated 07.04.2015 set aside the order of the Division Bench of this Court. Therefore, the petitioners cannot now question the erection of weigh bridge near the Kappalur Toll Plaza. Since the Toll Plaza was erected in NH7 at Kappalur, Madurai, necessarily the weigh bridge has to be erected near the Toll Plaza. Therefore, the weigh bridge cannot be shifted to some other place. Hence, for the purpose of erection of weigh bridge, the respondents have acquired the private land and now they are going to erect the weigh bridge. Therefore, the petitioners cannot say that if the weigh bridge is constructed it would affect their right of ingress and egress to their house site. In fact, the petitioners are having a separate road to reach their plots. Thus, he sought for dismissal of the Writ Petition.
Heard the submissions made by the learned counsels appearing on either side and perused the entire materials available on record.
Keeping in mind the submissions made by the learned counsels appearing on either side, I have perused the entire materials available on record. The main submission of the learned counsel for the petitioners is that the respondents are attempting to erect a weigh bridge in front of the housing plots of the petitioners and if they are permitted to do so, it would affect the free movement of the petitioners. According to the petitioners, they are having a right to access the highways from any point on their land. In support of this contention, they have also relied upon a decision of this Court in Melagaram Town Panchayat case (cited supra). Absolutely, there will not be any quarrel with regard to the proposition laid down in the said judgment. But, so far as the present case is concerned, when the construction of Toll Plaza at Kappalur was initiated by the National Highways Authority of India, it was challenged before this Court and this Court has directed the National Highways Authority of India to shift the Kappalur Toll Plaza from its present location to a place near the interjection where N.H.7 and N.H.208 bifurcates. When the said order was challenged before the Hon''ble Supreme Court, vide order dated 07.04.2015 in Civil Appeal No. 3426 of 2015 the Hon''ble Supreme Court set aside the order of the Division Bench of this Court. Therefore, the issue of erection of Toll Plaza at Kappalur has reached finality by virtue of the order of the Hon''ble Supreme Court. When that being the position, the petitioners'' prayer to forbear the respondents 1 and 2 from establishing any building or weigh bridge abutting their Plot No. 1 to 5 near the existing Kappalur Toll Plaza, cannot be accepted, particularly, when the respondents were permitted to put up a Toll Plaza at Kappalur village by virtue of the order passed by the Hon''ble Supreme Court. Further, it is not the case of the petitioner in the Writ Petition that if the weigh bridge is constructed they will not have any other access to reach their housing plots. Therefore, absolutely I do not find any reason to entertain the writ petition. Hence, the Writ Petition is dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.