In Brief
The Supreme Court examined show cause notices issued under Tamil Nadu State Highway Act, 2001 to the appellants for alleged encroachments on National Highway land. The State relied on delegated powers under Section 5 of the National Highways Act, 1956. The Court held that the Control of National Highways (Land and Traffic) Act, 2002 provides the exclusive statutory framework and procedure for handling National Highway encroachments under Section 26. Show cause notices issued under the State Act were unauthorized due to the issuing authority's lack of jurisdiction over this matter. While affirming that lack of jurisdiction is valid grounds for interfering with show cause notices, the Court allowed the writ petitions and set aside the notices, without prejudice to the competent Highway Authority acting under Act of 2002."
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