In Brief
The Supreme Court set aside show cause notices for alleged encroachments on a National Highway that were issued under the Tamil Nadu State Highway Act, 2001. The Court held that such notices must exclusively be issued under the Control of National Highways (Land and Traffic) Act, 2002, by the designated Highway Administration through the procedure prescribed in Section 26. Notices issued under the State Act, even if authorized by a Section 5 notification under the National Highways Act, 1956, lack jurisdiction. The Court reaffirmed that lack of jurisdictional authority is valid grounds for interfering with show cause notices and allowed the appellants' appeals.
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