Case Note & Summary
The petitioner, S. Muruganandham, filed a writ petition before the Madras High Court challenging a proceeding dated 02.04.2025 issued by the Highways and Administrative Officer of the National Highways Authority of India (NHAI), which asked the petitioner to vacate an encroached portion of land. The petitioner claimed ownership of the property, which he described as 'Grama Natham' land, and argued that NHAI had no jurisdiction over such land. The respondents, including NHAI and state revenue authorities, opposed the petition, stating that a declaration under Section 3A of the National Highways Act, 1956 had been made, vesting the land absolutely with NHAI. The revenue authorities conducted a demarcation and confirmed the encroachment. The court, after hearing arguments, held that once a declaration under Section 3A is made, the land vests with NHAI, and the petitioner's claim of ownership based on 'Grama Natham' classification is not sustainable. The writ petition was dismissed, and the respondents were directed to proceed with eviction in accordance with law.
Headnote
A) Land Acquisition - Vesting of Land - Section 3A of National Highways Act, 1956 - Once a declaration is made under Section 3A, the land absolutely vests with the National Highways Authority of India, and the authority has the right to evict encroachers. The petitioner's claim of ownership based on 'Grama Natham' classification is untenable as the land vests with NHAI. (Paras 1-4) B) Writ Jurisdiction - Maintainability - Eviction Notice - The writ petition challenging the eviction notice issued by NHAI for encroachment on national highway land is dismissed as the petitioner failed to challenge the declaration under Section 3A and the revenue authorities confirmed the encroachment. (Paras 1-4)
Issue of Consideration
Whether the National Highways Authority of India has jurisdiction to issue eviction notice for land classified as 'Grama Natham' after declaration under Section 3A of the National Highways Act, 1956.
Final Decision
The writ petition is dismissed. The respondents are directed to proceed with the eviction of the petitioner from the encroached portion of the national highway land in accordance with law.
Law Points
- Land vests absolutely with NHAI under Section 3A of National Highways Act
- 1956 upon declaration
- 'Grama Natham' classification does not confer ownership against NHAI
- Writ petition not maintainable against eviction notice for encroachment on national highway land
