Use of force for Expressway project draws flak from Madras High Court

Noting that the counter filed by the Project Director, National Highways Authority of India shows that the project is still in the preliminary stage of mere survey - Sec 3A (1), a division bench comprising Justice TS Sivagnanam and Justice Bhavani Subbarayan, on Wednesday said, “We fail to understand why there should be use of force etc.” 

The bench further noted, “As of now, it appears that the apprehension in the mind of landowners is that they will be forcefully dispossessed of their lands. In this regard what has been reported in several media as well as TV channels is that police force is used on land owners who have raised their voice protesting against the land acquisition proceeding.” 

However, on recording the submission of the Advocate General Vijay Narayan that the question of taking over the possession will arise only after declaration of acquisition in accordance with Sec 3D of the National Highway Act and that there is no imminent threat of dispossession of land, the bench said, “It may be true that if the protests turns violent, officials may have to request the intervention of police. This in our considered opinion is avoidable provided local public is sensitised as to the effect of proceeding they propose to take is under provisions of the NH Act.” 

The advocate general on acknowledging the bench’s concern that disturbing visuals of women being pushed by police keep appearing, submitted that necessary instructions will be issued to the authorities and a report will be called in this regard.

Thereafter, the bench on hearing arguments from the petitioner’s counsel about errors in the terms and conditions of the project, directed the Ministry of Road Transport to file a counter in this regard and posted the case for further hearing to August 2.