W.P.No.26394 of 2019 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.10.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No. 26394 of 20 19 W.M.P.Nos.25755 & 25756 of 2019 1. K.Arumugam 2. S.Ramachandran 3. Selvam 4. S.Ganesan 5. Kulandaisamy 6. M.Indra Devi 7. Govindarajan 8. Rajendran 9. B.Kumar 10. P.Elango 11. Singaravelu 12. K.S.Sekar 13. M.Sulthanul Arifeen 14. Chinnarajan 15. Karthikeyan 16. Adhimurugan 17. Jamunadevi 18. Suguna 19. Padma 20. Geeson 21. Mariappan 22. Venkitasalam 23. Dhanalakshmi 24. T.Nagarajan 25. Bakthavathsalam 26. Mohan 27. Karunanithi 28. Dharuman 29. Vimala 30. Anandaraj p. 1 https://www.mhc.tn.gov.in/judis W.P.No.26394 of 2019 31. Jayaraman 32. Jayabal 33. T.Swaminathan 34. Krishnaveni 35. Menaga 36. Ravi 37. Vimala 38. Karthikeyan 39. Ramadoss 40. Meera 41. Margaret 42. Rajendran 43. Suganthi 44. Shanmugasundaram 45. Shagul Hameed 46. Lourdu Mary ...Petitioners -Vs- 1. National Highways Authority of India (NHAI) Rep. By its Chairman, No.G-5 & 6, Sector-10, Dwarka, New Delhi – 110 075. 2. Project Director, National Highways Authority of India (NHAI) Ministry of Road Transport & Highways, No.19, Govindasamy Nagar, Vazhudha Reddy Post, Villupuram – 605 401. 3. The Competent Authority, District Revenue Officer (Land Acquisition), Nagapatinam. 4. The District Collector, Collectorate, Villupuram. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the impugned notification p. 2 https://www.mhc.tn.gov.in/judis W.P.No.26394 of 2019 dated 09.07.2016, published in “Daily Thanthi” issued under Section 3D and 3G(3) of the National Highways Act 1956 (48/1956) by the third respondent in respect of the acquisition of lands for formation of four line, maintenance, management and operation of National Highway No.45-A in the stretch of land from Km 108.860 to Km 153.100, Km 166.950 to km 183.600 connecting Villupuram and Nagapattinam through Puducherry and Cuddalore in the District of Nagapattinam and quash the same as illegal and unconstitutional insofar as the petitioners’ lands situate in Adanapettai Village, Nagapattinam District are concerned. For Petitioners : Mr.S.Giritharan For Respondents For R1 & R2 : Mrs.S.R.Sumathy For R3 & R4 : Mr.M.R.Gokulkrishnan Additional Government Pleader ORDER This writ petition has been filed challenging the notification dated 09.07.2016, published in “Daily Thanthi” issued under Section 3D and 3G(3) of the National Highways Act, 1956 (48/1956) by the third respondent in respect of the acquisition of lands for formation of four line, maintenance, management and operation of National Highway No.45-A in the stretch of land from Km 108.860 to Km 153.100, Km 166.950 to km 183.600 connecting Villupuram and Nagapattinam through Puducherry and Cuddalore in the District of Nagapattinam and quash the same as illegal and unconstitutional insofar as the petitioners’ lands p. 3 https://www.mhc.tn.gov.in/judis W.P.No.26394 of 2019 situated in Adanapettai Village, Nagapattinam District are concerned. 2. The lands owned by the petitioners were acquired for public purpose from various villages including Andanapettai Village for the construction and widening of NH-45A from Villupuram to Nagapattinam. The village comes under package IV four laning of Sattanathapuram to Nagapattinam section of NH45A in the stretch from Km 123.800 to Km 179.555 in the State of Tamil Nadu & Union Territory of Puducherry. Now the petitioners filed this Writ Petition challenging the notification issued under Section 3D & 3G(3) of the National Highways Act 1956 (hereinafter referred to as “the NH Act”). 3. Heard the learned counsel appearing on either side and perused the materials placed before this Court. 4. On perusal of the records, it is revealed that after acquisition, all the petitioners had received their compensation along with multiplication factor 100% solarium and additional market value at the rate of 12% per annum etc., as per Sections 26, 28, 29 & 30 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as “the p. 4 https://www.mhc.tn.gov.in/judis W.P.No.26394 of 2019 New Act”). The subject lands had been acquired under the provisions of the NH Act, for the public purpose. The NH Act has been exempted from the other provisions of the New Act by virtue of Section 105 of the New Act and the Fourth Schedule of the New Act, except the relevant provisions of the compensation prescribed under the First Schedule. 5. Further, after receipt of the compensation, all the petitioners had preferred arbitration applications before the statutory Arbitrator viz., the District Collector, Nagapattinam, the fourth respondent herein, under Section 3G(5) of the NH Act. The fourth respondent has ordered the enhancement of land value fixed from Rs.200.55 to Rs.2063.00 & Rs2155 per sq.mt to the wet lands, Rs.540.15/- sq.mt., to Rs.2544/- sq.mt., to the dry lands and Rs. 1942.20 sq.mt., to Rs.2589/- sq.mt., to the house plots respectively. The second respondent complied with the arbitration award and settled the amount to the petitioners. In fact, the petitioners had challenged the Arbitration Award before the learned Principal District Judge, Nagapattinam and the same was remanded back to fourth respondent and the fourth respondent enquired the same and passed orders. Therefore, challenging the notification issued under Section 3D and 3G(3) of NH Act does not arise after receipt of the enhanced compensation. Therefore, the prayer sought for in this Writ p. 5 https://www.mhc.tn.gov.in/judis W.P.No.26394 of 2019 Petition cannot be granted and the Writ Petition is devoid of merits and is liable to be dismissed. 6. Accordingly, the Writ Petition stands dismissed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs. 22.10.2025 (½) Index : Yes/No Neutral Citation : Yes/No Speaking/Non Speaking order rts p. 6 https://www.mhc.tn.gov.in/judis W.P.No.26394 of 2019 To 1. The Chairman, National Highways Authority of India (NHAI) No.G-5 & 6, Sector-10, Dwarka, New Delhi – 110 075. 2. The Project Director, National Highways Authority of India (NHAI) Ministry of Road Transport & Highways, No.19, Govindasamy Nagar, Vazhudha Reddy Post, Villupuram – 605 401. 3. The Competent Authority, District Revenue Officer (Land Acquisition), Nagapatinam. 4. The District Collector, Collectorate, Villupuram. Page 7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.26394 of 2019 G.K.ILANTHIRAIYAN. J, rts W.P.No.26394 of 2019 W.M.P.Nos.25755 & 25756 of 2019 22.10.2025 (½) p. 8 https://www.mhc.tn.gov.in/judis