The High Court’s recent decision sheds light on the complexities of jurisdiction in issuing show cause notices on highways. The court’s legal analysis emphasizes the importance of adhering to the specific mandates of the Acts governing National Highways and State Highways. Understanding these jurisdictional limits is crucial for effective governance and resolution of highway-related issues. Stay informed about the legal intricacies surrounding highway encroachments and the powers vested in the Highway Administration.
Facts
- The appellants filed writ petitions challenging show cause notices issued by the respondents.
- The High Court did not interfere with the notices as malafides were not attributed by the appellants.
- Impugned notices were under Section 28(2)(ii) of the Tamil Nadu State Highway Act, 2001.
- The claim that the State Act, 2001 had become void due to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013 was made.
- 326 encroachers in the highway were identified and notices were issued after the survey.
- The appellants were given a period of ten days to offer their explanation to the show cause notices.
Also Read: Legal Analysis of Lease Deed Commencement Date
Arguments
- State argues that notification under the National Highways Act, 1956 has been issued covering the roads where encroachments took place.
- Respondents contend that the officer had jurisdiction to issue notices under the State Act, as upheld by the High Court.
Also Read: Analysis of Jurisdiction and Exemption in ESI Act Case
Analysis
- The existing laws do not give the Central Government powers to prevent encroachments on National Highways or regulate traffic on them.
- The Highways Administration lacks the legal authority to effectively address issues such as roadside developments and encroachments.
- A new legislation called The Control of National Highways (Land and Traffic) Act, 2002 was introduced to empower the Central Government to deal with these problems.
- Encroachments on National Highways hinder road widening efforts, leading to congestion and deteriorating service.
- The High Court acknowledged the jurisdictional limitations of State Acts in matters related to National Highways.
- The Act of 1956 provides for the responsibility of the Central Government to develop and maintain national highways.
- Section 5 of the Act specifies the obligations regarding the removal of unauthorized occupation on highway land.
- The Highway Administration has the authority to issue notices for the removal of unauthorized occupation and restore the land as per the original condition.
- Section 26 deals with the procedure for the removal of unauthorized occupation on highway land for traffic safety or convenience.
- The Highway Administration or authorized officers have the power to remove unauthorized occupation without issuing a notice in certain cases.
- Failure to comply with the notice can lead to penalties imposed by the Central or State Government.
- Provisions for service of notice, restoration of highway land, and penalties are outlined in the Act of 1956.
- The Act of 2002 provides a clear procedure and power for the removal of encroachments on National Highways, different from the Act of 1956.
- Show cause notices under the Act of 1956, when issued under Section 28 of the State Act, are unauthorized and do not align with the Act of 2002.
- Section 26 provides the statutory charter for initiating proceedings to remove encroachments over National Highways.
- The authority issuing the show cause notices in this case is not the authority specified under Section 26.
- The authority mentioned in Section 26 is the Highway Authority established under Section 3 or any officer authorized by the Highway Authority.
- Since no argument is made based on powers under Section 26, the court cannot intervene in the matter.
Also Read: Legal Analysis of Toll Plaza Location Rule Violation
Decision
- Show cause notices are set aside.
- Writ petitions are allowed.
- Impugned judgment is set aside.
Case Title: GUNASEKARAN Vs. THE DIVISIONAL ENGINEER NATIONAL HIGH WAYS (2021 INSC 420)
Case Number: C.A. No.-004946-004946 / 2021
