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DHIRAJ SINGH THAKUR, R. RAGHUNANDAN RAO
Vanacharla Venkata Krishna Rao, S/o. Satyanarayana Murthy – Appellant
Versus
Union of India, Rep. by its Secretary to Government of India, Ministry of Road Transport and Highways – Respondent
JUDGMENT :
(Dhiraj Singh Thakur, CJ.) :
The present writ appeals have been preferred against the judgment and order, dated 21.09.2023, passed in W.P. No.34565 of 2022.
Briefly stated, the matter facts are as under:
2. A notification, dated 18.04.2018, came to be issued by the Ministry of Road, Transport and Highways in purported exercise of powers conferred under sub-section 1 of Section 3A of the National Highways Act, 1956 (hereinafter referred to as “the Act”) declaring its intention to acquire the parcels of land mentioned in the said notification for public purpose inter alia for construction of flyovers, vehicular underpasses, Four Laning/Six Laning etc., of National Highway No.16/216A in Gundugolanu – Rajamahendravaram Section in the West Godavari District of the State of Andhra Pradesh. The total land that was identified and was intended to be used for the aforesaid public purpose was reflected as 3.5954 Hectares.
3. Since objections were called by virtue of notification, dated 18.04.2018, objections filed by the petitioners were considered but rejected. Thereafter, notification under Section 3D of the Act came to be issued on 07.12.2018 by the Central Government after having
The court established that land once vested with the government under the National Highways Act cannot be reduced without following due legal process.
The court established that land once vested in the government under the National Highways Act cannot be reduced without following the statutory process.
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.
Public interest in land acquisition for national highway construction can outweigh individual objections related to procedural inadequacies when substantial work has progressed.
Land plans and other details of the land covered under the notification are available and can be inspected by the interested persons at the aforesaid office of the competent authority” there is suffi....
The main legal point established in the judgment is that land acquisition proceedings can be challenged after the passing of the award and receipt of compensation in exceptional cases falling within ....
Notifications must meet the statutory requirements and furnish all the details in the notification issued at the first instance. Vague notifications may not be quashed, and the court may direct the r....
The scope of judicial review in acquisition matters is very limited and the courts can nullify the acquisition of land and in rarest of rare case, the particular project, if it is found to be ex-faci....
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