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R. RAGHUNANDAN RAO, HARINATH N.
Karanam Girijamma – Appellant
Versus
National Highways Authority of India – Respondent
JUDGMENT :
R. Raghunandan Rao, J.
Heard Sri K. Rathangapani Reddy, learned counsel appearing for the appellants and Sri Sivaji, learned counsel appearing for Sri S.S. Varma, learned counsel for the respondents.
2. These three appeals arise out of a common order of a learned single judge of this Court dated 20.07.2023 and are being disposed of by way of a common order.
3. The respondents, for the purpose of laying National Highway No.544(D) from Ananthapuram to Giddalur Road Section initiated acquisition proceedings under the National Highways Act, 1956 (for short ‘the Act’) for various lands, including the lands of the appellants herein.
4. The preliminary notification under Section 3(A) of the Act dated 09.12.2017 was published in the newspapers, after the Central Government had authorized the 3rd respondent-Joint Collector (4th respondent in writ petition) as the competent authority for such land acquisition, by way of S.O.No.2698(E) dated 21.08.2017 published in the Gazettee of India. Subsequent proceedings that had to be initiated under various sub sections of Section 3 of the Act were also taken up culminating in publication of notification under Section 3(G) by the 3rd respondent
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....
The procedure under Sections 3G and 3E of the National Highways Act was duly followed in passing the awards.
The National Highway Act, 1956 provides for the acquisition of private properties for the construction of national highways, including the process of award declaration and compensation determination.....
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 court emphasized that failure to follow mandatory procedures in land acquisition invalidates the award, highlighting the necessity of proper notifications and consideration of market value as per....
Point of Law - Section 3-H (4) of the National Highways Act, 1956, if any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereo....
The court upheld the applicability of the RFCTLARR Act, 2013 to compensation determinations under the National Highways Act, affirming the Arbitrator's decision to enhance compensation based on resid....
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