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2009 (7) TMI 1211 - SC - Indian LawsWhether assuming that constructions of permanent structures would attract the provisions of sub-section (1) of Section 26, the same deserves strict construction and as permission had been granted by the State, the constructions made by way of arches cannot be construed to be an encroachment within the meaning of the provisions of the Tamil Nadu Highways Act, 2001 (Tamil Nadu Act 34 of 2002 )? Whether if a literal meaning to sub-section (1) of Section 26 is assigned, no over-bridge can also be constructed for the pedestrians nor any signboard can be put up for the benefit of the public. The constructions having been made far away from the tar road, the impugned judgment should be upheld?
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