Case Note & Summary
The petitioner, Mr. M. Paulpandian, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 07.10.2024 passed by the Project Implementation Director, National Highways Authority of India (NHAI), directing him to vacate the property in S.No. 413/15B of Varadarajapuram Village, Poonamallee Taluk, Tiruvallur District. The petitioner claimed to be the absolute owner of the property based on a patta transferred from his vendor. He sought a writ of certiorarified mandamus to quash the eviction order and restrain the respondents from interfering with his possession. The respondents, including NHAI and revenue officials, contended that the land was acquired under the National Highways Act for widening of Poonamalle-Walajahpet Section, NH-48 (Old NH No.4) in 2005, with the award passed in 2006 and compensation deposited. The Special District Revenue Officer filed a counter affidavit confirming the acquisition. The court examined the submissions and noted that the petitioner's claim of ownership based on patta was insufficient, as patta is not a document of title. The court held that the land had been validly acquired by NHAI, and the petitioner could not assert ownership after acquisition. The court also observed that disputed questions of title cannot be adjudicated in writ proceedings. Consequently, the writ petition was dismissed, and the petitioner was granted liberty to approach the civil court for declaration of title and possession, if so advised. No costs were awarded.
Headnote
A) Land Acquisition - National Highways Act - Title Dispute - Patta not conclusive - The petitioner claimed ownership based on patta, but the land was acquired by NHAI in 2005-2006 under the National Highways Act, 1956, and compensation was deposited. The court held that patta is not a document of title and the petitioner cannot claim ownership after acquisition. (Paras 5-7) B) Writ Jurisdiction - Disputed Questions of Fact - Title - The court declined to adjudicate title disputes in writ proceedings, directing the petitioner to approach the civil court for declaration of title and possession. (Para 8)
Issue of Consideration
Whether the petitioner, claiming ownership based on patta, can challenge the eviction order passed by NHAI after the land was acquired under the National Highways Act.
Final Decision
Writ petition dismissed. Petitioner granted liberty to approach civil court for declaration of title and possession. No costs.
Law Points
- Land acquisition under National Highways Act
- 1956
- Title dispute after acquisition
- Patta not conclusive proof of ownership
- Writ jurisdiction not to adjudicate title
