As per the case facts the petitioner's land was acquired for constructing grade separators under the Tamil Nadu Highways Act The High Court in dismissing the petitioner's appeals made observations ... regarding the validity of Rule of a related subordinate legislation even though its validity was not directly challenged This led to the appeal to the Supreme Court The question arose whether the High Court was justified in holding Rule to be ultra vires when its validity was not directly before the court Finally the Supreme Court noted that while the High Court was of the opinion that Rule was inconsistent with Section of the Act and therefore to be ignored this finding was not warranted as the validity of Rule was not before the High Court The Supreme Court opined that Rule cannot be said to be ultra vires

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