Encroachment on National Highways: Supreme Court Strikes Down Tamil Nadu Show Cause Notices

The case of Gunasekaran v. The Divisional Engineer, National Highways & Ors. revolves around the legality of show cause notices issued to alleged encroachers on National Highway land in Tamil Nadu. The Supreme Court of India ruled that the notices issued under the Tamil Nadu State Highway Act, 2001, were invalid and held that the appropriate law for handling encroachments on National Highways is the Control of National Highways (Land and Traffic) Act, 2002.

Background of the Case

The appellants had filed writ petitions challenging show cause notices issued under the Tamil Nadu State Highway Act, 2001. The notices alleged that the appellants had encroached upon National Highway land. The High Court of Madras refused to interfere, stating that the appellants could respond to the notices, but it did not attribute any malafides to the issuing authority.

The Supreme Court had to determine whether the Tamil Nadu State authorities had the jurisdiction to issue such notices and if the correct law was followed in handling the encroachments.

Petitioner’s Arguments

The appellants argued that:

The Tamil Nadu State Highway Act, 2001, could not be used to issue encroachment notices for land belonging to the National Highway Authority.
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013, rendered the State Act void for such purposes.
Only the National Highways Authority of India (NHAI) or authorities authorized under the Control of National Highways (Land and Traffic) Act, 2002, could issue such notices.
The show cause notices were illegal as they were issued without jurisdiction.

Respondent’s Defense

The State of Tamil Nadu argued that:

The notices were valid because National Highways in Tamil Nadu were maintained and supervised by the State Government’s National Highways Wing.
The officers who issued the notices were authorized under a notification issued under Section 5 of the National Highways Act, 1956.
The encroachments were identified through a proper survey, and the notices were merely procedural steps before any removal action.

Supreme Court’s Ruling

The Supreme Court held that:

The Tamil Nadu authorities did not have the jurisdiction to issue notices under the Tamil Nadu State Highway Act, 2001, for encroachments on National Highway land.
The proper law for dealing with encroachments on National Highways is the Control of National Highways (Land and Traffic) Act, 2002.
The 2002 Act provides for a structured process for eviction of encroachers, ensuring due process and legal oversight.
Section 26 of the 2002 Act specifically empowers the Highway Administration to remove encroachments, and this authority was not followed in this case.

Key Observations from the Judgment

The Court made important observations regarding the legal framework for National Highways:

“The absence of legislation empowering the competent authority to remove encroachments on National Highways has resulted in shops, hotels, tea stalls, repair shops, petrol pumps, weigh bridges, residences, and commercial establishments extending their activities right on the National Highways land.”

It further clarified:

“The Control of National Highways (Land and Traffic) Act, 2002, was enacted specifically to address such issues and must be followed in all cases involving National Highway encroachments.”

Final Judgment

The Supreme Court allowed the appeals, ruling that:

The show cause notices issued under the Tamil Nadu State Highway Act, 2001, were invalid and set aside.
The correct procedure under the Control of National Highways (Land and Traffic) Act, 2002, must be followed.
The competent authority under the 2002 Act can take appropriate action against encroachments, but it must be in accordance with the proper legal provisions.

Impact of the Judgment

The ruling reinforces the supremacy of the National Highways Act and ensures that only the appropriate authorities handle encroachment issues. It provides clarity on the jurisdiction of State and Central authorities and protects citizens from wrongful eviction without due legal process.

Petitioner Name: Gunasekaran.
Respondent Name: The Divisional Engineer, National Highways & Ors..
Judgment By: Justice K.M. Joseph, Justice S. Ravindra Bhat.
Place Of Incident: Tamil Nadu.
Judgment Date: 24-08-2021.

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