Synopsis

The petitioner purchased a piece of land in 2012 and obtained a patta. The National Highways Authority of India (NHAI) issued an order asking him to vacate the land, claiming it was acquired for highway widening. The court found that the land had been acquired under the National Highways Act in 2005, with a 3-D(1) notification published in the gazette on 12.07.2005, and an award was passed in 2006. The land vested absolutely with the Central Government from the date of publication of the notification. The petitioner’s vendor had sold the land to him in 2012, after the acquisition was complete. The court held that such a sale is illegal and void; the petitioner acquired no title. The writ petition was dismissed, but the petitioner was given liberty to approach the authorities for compensation if he was entitled to any.

1. Heading of the judgment

High court of judicature at madras

Writ petition no. 33985 of 2024

Mr. M. paulpandian (petitioner) vs. The project implementation director and others (respondents)

Coram: hon’ble mr. justice s. m. subramaniam and hon’ble mr. justice k. sunder

Date: 28th april, 2026

2. Legal framework

Major laws and provisions involved:

• National highways act, 1956 – section 3-d (publication of notification for acquisition), section 3-e (vesting of land in central government), section 3-g (determination of compensation)

• Transfer of property act, 1882 – section 6 (property which cannot be transferred: land already vested in government cannot be sold)

• Constitution of india, 1950 – article 226 (writ of certiorarified mandamus)

Subject matter of the judgment:

Whether a pers

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