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NINALA JAYASURYA
Vanacharla Venkata Krishna Rao – Appellant
Versus
Union of India – Respondent
JUDGMENT
1. The present Writ Petition is filed questioning the Notification dtd. 18/4/2018 in SO No.1701/E) issued by respondent Nos.1 & 2 under Sec. 3(A)(1) of National Highways Act, 1956; further Notification dtd. 7/12/2018 in SO No.6078(E) issued under Sec. 3D(1) of same statute; further Notification dtd. 18/1/2019 issued under Sec. 3G(3) of the same statute by the 5th respondent; further Notification dtd. 11/10/2022 in NHAI/PIU-RJY/LA/N.H216A/Kaikaram Flyover under Sec. 3G(3) of the same statute by the 5th respondent and also Order dtd. 18/6/2018 in ROC NHAI-16/Flyover/2018/1 passed by the 5th respondent, as being illegal, irregular, irrational, unconstitutional and violative of provisions of National Highways Act, 1956 and offends Articles 14, 21 and 300-A of the Constitution of India.
2. Heard Mr.Sita Ram Chaparla, Learned Counsel for the petitioners. Also heard Mr.S.S.Varma, Learned Standing Counsel appearing on behalf of the respondent Nos.3 & 4 and the Learned Assistant Government Pleader for Land Acquisition representing for respondent No.5.
3. The relevant facts germane for consideration and the disposal of the Writ Petition may be stated thus:- The 1st respondent issued
The National Highways Act, 1956 does not confer specific power on the concerned Government or the authorities to withdraw or reduce the extents of land sought to be acquired, and it does not envisage....
The court established that land once vested with the government under the National Highways Act cannot be reduced without following due legal process.
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 3....
The court upheld the validity of land acquisition proceedings under the National Highways Act, confirming the necessity of adherence to statutory requirements while emphasizing the priority of public....
The procedure under Sections 3G and 3E of the National Highways Act was duly followed in passing the awards.
Compliance with publication and hearing requirements of the National Highways Act is essential, but non-inclusion of landowner names in notifications does not invalidate the process.
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