Point of Law:Acquisition of Land -Petitioner, being a person interested in the land acquired, is not precluded from raising his claim before the competent authority on issuance of the notification under Section 3G of the Act nor his entitlement to the compensation in terms of the said Section can be denied

ORDER:

The present writ petition is filed seeking a mandamusor any other appropriate writ or direction declaring the notification issued under Section 3A of the National Highways Act, 1956 (for short ‘the Act’) which was published in ‘Sakshi’ Telugu daily newspaper on 14.07.2020, and the declaration issued under Section 3D of the Act which was published in ‘Praja Sakthi’ Telugu daily newspaper on 12.11.2020, as illegal, arbitrary and violative of Article 21 of the Constitution of India, on various grounds.

2. Heard Mr.O.Manoher Reddy, learned counsel for the petitioner, Mr.N.Harinath, learned Assistant Solicitor General of India representing respondent No.1, Mr.S.S.Varma, learned standing counsel for National Highways Authority of India (NHAI), representing respondent No.2 and learned Assistant Government Pleader for Land Acquisition representing respondent Nos.3 and 4.

3. The petitioner is a retail outlet dealer of Bharat Petroleum Corporation Limited. He obtained lease of land situated in survey Nos.236/4B and 236/6 of Vinnamala Village, Naidupet Mandal, SPSR Nellore District and established a retail petroleum outlet thereon, in the year 2006. It is his grievance that by virtue of the impugned notification and the declaration with regard to acquisition of land for laying road (National Highway), the entire retail petroleum outlet area would be acquired and thereby, he would be deprived of running the retail petroleum outlet.

4. (i) The learned counsel for the petitioner, inter alia,submits that initially, a notification was issued under Section 3A of the Act, which was published on 17.03.2019 and by virtue of the same, only a small extent of land taken on lease by the petitioner for establishment of retail petroleum outlet was sought to be acquired and that the same was not causing any hindrance for running the outlet. He submits that subsequently, the petitioner came to know that another notification was issued under Section 3A of the Act which was published in ‘Sakshi’ Telugu daily newspaper on 14.07.2020 and thereafter, a declaration under Section 3D of the Act was also issued which was published in ‘Praja Sakthi’ Telugu daily newspaper on 12.11.2020. While contending that ‘Praja Sakthi’ Telugu daily newspaper has no wide circulation, he submits, interalia,that the notification and the declaration referred to above are not legal and contrary to the provisions of the Act.

(ii) The learned counsel, while referring to Section 3(b) of the Act, submits that the Act defines what ‘land’ is; that Section 3A(2) of the Act specifically contemplates that every notification under Sub-Section (1) of Section 3A of the Act shall give a brief description of ‘land’ and that in the notification impugned in the present case, except the survey number, there is no mention about the name or details of landowner or existence of retail petroleum outlet or other things attached to earth etc.,. He, therefore, contends that the notification as is issued does not satisfy the requirement of Section 3A(2) of the Act and in the absence of giving particulars of ‘land’, which includes benefits to arise out of land and things attached to the earth etc., like the retail petroleum outlet as in the present case, the persons interested would not have knowledge about the notification. He submits that as the impugned notification does not contain the details of the outlet, the petitioner had no opportunity to submit his objections and thereby deprived of his valuable right under Section 3C of the Act. He further submits that even otherwise also, the petitioner cannot be expected to file his objections, since the orders passed by the Central Government under the Disaster Management Act, 2005, were in force due to Covid-19 pandemic as on the date of publication of the notification as also on the date of publication of the declaration. He contends that for the said reason also, the impugned notification issued under Section 3A of the Act and the declaration issued unde