The Madras High Court has dismissed a Public Interest Litigation (PIL) filed challenging the notification dated 15.12.2021 issued under Section 3(1) of the Tamil Nadu Acquisition of Lands for Industrial Purposes Act, 1997, read with Land Acquisition Laws (Revival of Operation, Amendment and Validation) Act, 2019.
The PIL, filed by one G. Gouthaman, challenged the notification under Section 3(1) of the Act of 1997 has been made mainly on the ground that notice under Section 3(2) of the Act of 1997 was not issued prior to the notification under Section 3(1) of the Act of 1997.
On the aforesaid, an objection has been raised by the Advocate General on the maintainability of the writ petition. It is in the light of the fact that the petition has not been filed by the temple, but said to be filed by a devotee.
The Arulmighu Thirukanchi Nambigal and Sri Varadharaja Perumal Temple Poonamallee temple, in their counter, has not raised any objection to the acquisition of land.
In view of the above, the Division Bench of Chief Justice Munishwar Nath Bhandari and Justice N. Mala observed that the challenge to the acquisition proceedings by way of a PIL may not be accepted. It is more so when larger interest is involved in the acquisition of land, namely for Chennai Metro Rail Project.
Further, challenge to the acquisition is made by a devotee, while the temple has not raised any objection to the acquisition, as reflected from the counter, held the Court.
Thus, the Bench did not find that the petitioner has any locus to challenge the acquisition, by way of public interest litigation, without having any element of public interest. Accordingly, the Court held that the writ petition is not maintainable and dismissed it.