JUDGMENT

1. Leave granted.

2. The National Highways Act, 1956 (for short, `the 1956 Act') was enacted by Parliament to provide for the declaration of certain highways as national highways and for matters connected therewith. Sections 3A to 3I of the 1956 Act contains a comprehensive scheme for the acquisition of land for the building, maintenance, management or operation of a national highway or part thereof and determination of amount payable as compensation and other related issues.

3. In exercise of the power vested in it under Section 3A(1) of the 1956 Act, the Central Government issued notification dated 10.8.2005 for the acquisition of land in 18 villages of the Mangalore Taluk of the State of Karnataka for widening of National Highway No.17 from Km.358/000 to Km.375/300, National Highway No.48 from Km.328/000 to Km.345/000 and National Highway No.13 from Km.743/900 to Km.745/000. The notification contained names of the concerned villages, the survey number including its particular parcel number, nature, type and area of land proposed to be acquired. In the notification it was clearly mentioned that land plans and other details of the land are available and can be inspected at the office of the Special Land Acquisition Officer, Karnataka Industrial Area Development Board, Baikampady, Mangalore (hereinafter referred to as `the Competent Authority'). It was also mentioned that any person interested in the lands may file objection before the Competent Authority within 21 days from the date of publication of the notification in the official Gazette. The notification was published in the official Gazette dated 10.8.2005. Simultaneously, the substance of the notification was published in two newspapers, namely, "Deccan Herald" and "Udayavani".

4. In response to the afore-mentioned notification, a number of land owners filed objections dated 26.9.2005. Majority of them claimed higher compensation by asserting that after the acquisition, his/her remaining land will become useless and he/she will not carry out any improvement. However, none made a grievance that there was any deficiency or defect in the description of land given in the notification and, on that account, he was prevented from effectively exercising his right to file objections.

5. The Competent Authority issued notice dated 28.9.2005 to the land owners under Section 3C(2) so as to enable them to appear for personal hearing. Thereupon, some of the land owners filed further objections and pleaded that their land/property may not be acquired and parambok land (government land) lying just opposite the land proposed to be acquired may be used for widening the National Highways. Some others claimed that they had constructed shops etc. and the same can be saved if alignment of the highway was slightly changed.

6. After hearing the objectors, the Competent Authority passed order dated 11.10.2005 whereby it rejected the objections of the land owners. That order reads as under: "The Persons noted in Serial No.1 to 73 have submitted their written objection against the publication of the notification under sub-Section (1) of Section 3A of the National Highways Act, 1956. The notification was published in Udayavani and Deccan Herald daily news paper on 07.09.2005 mentioning the lands which are required for the extension of existing N.H's into four lanes in villages of Mangalore and Bantwal Taluks. Proper notice have been issued to the objectors of Padavu village to appear either in person or through the advocates on 01.10.2005 at 11 a.m. before the Special Land Acquisition Officer and Competent Authority National Highways, Baikampady, Mangalore. On the appointed date they have been heard individually. The persons in Serial No.1, 2, 7, 8, 9, 11, 13, 14, 15, 19, 20, 24, 26, 28, 31, 33, 34, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 50, 54, 55, 57, 58, 59, 60, 65, 66, 68 and 70 have stated that their commercial buildings and shop are situated in the proposed land for acquisit