CHENNAI: The Madras High Court has upheld the proceedings for acquisition of land for construction of a pedestrian sub-way bridge under the track near the Chromepet railway station.
The implementation of the Rs 28-crore project suffered a delay of well over six years due to the petitions.
Justice N Seshasayee showed the green signal for the project by dismissing more than 25 petitions from the residents of Radha Nagar Main Road at Kullanchavadi within Pallavaram Municipality, whose lands were sought to be acquired.
The primary argument, which consumed considerable time during the hearing, was on the advisability of constructing the subway at an alternate locality. As rightly argued by special government pleader C Thirumaran, this is beyond the scope of judicial review unless the acquisition itself is tainted in mala fide. There was no allegation of mala fide exercise of administrative power. The State government and the experts who advised the construction of the sub-way bridge are the best judges in conceiving the project, its design and location and the courts cannot interfere with their judgment easily. Of late, another project linking the subway beneath the GST Road with the present project has come up and the same has been completed. Hence, the entire project has reached a stage from where it cannot be rolled back, the judge said.
The judge also pointed out that all petitioners had participated in the enquiry under section15 (2) of the Land Acquisition Act and received notices under section 19 for participating in the enquiry and for passing the award. Many of them would have absented themselves or chosen not to participate in the enquiry and that might be their choice. But the fact remains that they knew it was happening. It was only when they were issued notices under section 16 for surrendering the possession, issued after the passing of the award, did they approach this court with these petitions challenging the very acquisition. Plainly it was a strategy that appears to have been developed long after acquisition proceedings had crossed all stages. There was an obvious delay and latches on the part of the petitioners in approaching the court, which literally consumes any alleged cause for their current action, the judge added and dismissed the petitions.