S. P. Arumugam v. Special District Revenue Officer
2016-02-10
B.RAJENDRAN
body2016
DigiLaw.ai
ORDER : The writ petition has been filed challenging the order in regard to the acquisition of the land in the public purpose for National Highways. 2. The only grievance of the petitioner is that the impugned order did not consider the objections made by the petitioner. Therefore, he would contend that unless the authorities considered his objections, the impugned order cannot be passed. 3. The Respondents filed a counter and filed the vacate stay petition and submitted that the usage of public is taken as primary concern. 4. In this case, the alignments of formation of Bye-pass road is mandatory. Simply because of 25 persons are affected, it cannot be said their objections were not considered whereas the same has been duly considered and thereafter only, orders have been passed. In similar case, this Court has passed the order as they can not have any right to abstruct the public usage of the land. 5. Taking into consideration the public interest and it is a National Highway, public interest would only prevail over private interest. Further, the impugned order has rightly pointed out regarding the alignments and recommendation of the concerned authority. 6. Therefore, I do not find any reason to interfere with the order passed by the first respondent. Hence, the writ petition is dismissed. No costs. Consequently, the connected Miscellaneous petition is also dismissed.