Madras High Court: Landowners Can't Stall Nationwide Priority Projects
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Madras High Court: Landowners Can't Stall Nationwide Priority Projects

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The Madras High Court has ruled that individual landowners cannot be allowed to stall projects of nationwide priority, even if they face personal hardships or inconveniences. This decision was made by Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan while dismissing a writ appeal filed by K.

Sampath, whose lands were acquired for a broad gauge railway line project between Morappur and Dharmapuri. Sampath had challenged the proceedings under the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997, citing ambiguities in the exact extent of the layout and specifications in the final notification. The court was informed that the failure to provide a clear layout plan had severely impacted Sampath’s ability to utilize or alienate the unacquired portion of his agricultural holding.

However, Additional Solicitor General AR.L. Sundaresan assured the court that a corrigendum would be issued to address these concerns. After recording this submission, the judges stated that no prejudice could be claimed by Sampath in light of the undertaking given by the law officer representing the Southern Railway.

The court emphasized that the project is an infrastructure project of paramount public interest, and individual interests must yield to the larger public good. The judges also noted that they cannot substitute their views for the considered wisdom of experts who calibrate alignments based on structural stability, safety parameters, and optimal public utility. The Division Bench wrote, ‘The project under execution, viz., the creation of a new broad gauge railway line linking Morappur with Dharmapuri, is an infrastructure project of paramount public interest.

It is a trite that individual interest must yield to the larger public good, provided the acquisition follows the due process of law…’ The court’s decision highlights the importance of balancing individual interests with the greater public good, particularly in cases involving projects of nationwide priority.

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