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B. KRISHNA MOHAN
Ravi Chandramma W/o Late Venkata Krishnaiah – Appellant
Versus
National Highways Authority of India, New Delhi – Respondent
ORDER :
1. In all these cases the common issue is involved and as such the following common order is passed. But for the said purpose, the facts in W.P.No. 13995 of 2022 are taken up as under.
2. This writ petition is filed questioning the award No. 22 of 2018 passed by the 3rd respondent dated 27.09.2018 without depositing the compensation amount which is contrary to Section 3(A) to 3(H) of the National Highways Act, 1956.
3. The learned Counsel for the petitioners submits that the petitioners’ lands were notified vide preliminary notification dated 09.12.2017 under Section 3(A) of the National Highways Act, 1956 publishing the same in Sakshi News Daily for the purpose of laying the National Highway No. 544 (D) from Ananthapuram to Giddalur Road Section covering the notification in S.O 3654 (E) dated 20.11.2017 of the Government of India, Ministry of Road Transport and Highways (ch.0.000 KM to ch. 69.000 KM). Declaration of acquisition under Section 3 (G) of the National Highways Act, 1956 was published on 06.08.2018 in Sakshi News Daily vide reference No. G-1/4090/2017 dated 27.
Once the award amount is deposited with the 3rd respondent, the land acquisition proceedings are deemed to have been completed, and there is no necessity to go for initiation of fresh land acquisitio....
The judgment establishes that compliance with procedural requirements in land acquisition is essential, and failure to notify affected parties or timely deposit of compensation invalidates the acquis....
The court established that compliance with procedural requirements of the National Highways Act is essential for valid land acquisition, particularly regarding timely compensation to affected parties....
Acquisition of land - passing of award with a delay of six years etc., would render the Award invalid and land acquisition proceedings lapsed, in the absence of a specific provision dealing with the ....
Acquisition of Land – Suppression of material facts - Material on record belies the plea of the petitioners and nondisclosure of this crucial fact is not only misleading, but also constitutes suppres....
The procedure under Sections 3G and 3E of the National Highways Act was duly followed in passing the awards.
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