IMPORTANT POINT
The court established that land once vested with the government under the National Highways Act cannot be reduced without following due legal process.

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 considered the report of the competent authority holding that the lands specified in the schedule be acquired for the purpose as was notified in terms of notification, dated 18.04.2018.

What is important, however, is that as against 3.5954 Hectares earlier envisaged to be utilized for the public purpose in terms of the notification issued under 3A of the Act, land to an extent of only 2.1395 Hectares was sought to be utilized for the said public purpose in terms of the notification issued under Section 3D of the Act.

4. Initially, a notification, dated 18.01.2019, was issued under Section 3G(3) of the Act. However, subsequently, another notification, dated 11.10.2022, was issued under Section 3G(3) of the Act pursuant to the communication received from the Project Director, Rajamahendravaram, on account of the reduced requirement of land in view of the reduction of the width of the National Highway from 60 meters to 46 meters.

5. Section 3G of the Act envisages payment of an amount determined by the order of a competent authority where any land is acquired under the Act. If the amount so determined by the competent authority is not acceptable to either of the parties, the said Section envisages determination of that issue by an Arbitrator to be appointed by the Central Government to which proceedings the Arbitration and Conciliation Act, 1996, would be applicable.

6. Being aggrieved of the acquisition proceedings under the Act, the petitioners preferred W.P. No.34565 of 2022 before the learned single Judge, which was primarily aimed at challenging notification, dated 11.10.2022, issued under Section 3G of the Act, urging that the same was unsustainable, as it notified parcels of land different from the land that were notified in its earlier notification, dated 18.01.2019, issued under Section 3G of the Act.

It was also the case of the petitioners before the learned single Judge that the reduction in the extent of land sought to be acquired from the petitioners would not in any way benefit them, as the remaining extents after reduction would not serve any purpose and would become useless.

7. Learned single Judge, vide judgment and order impugned, dated 21.09.2023, partly allowed the writ petition and directed the authorities to take necessary action for issuing fresh notification under Section 3G of the Act in consonance with notification issued under Section 3A of the Act and to determine the compensation payable to the petitioners in accordance with law. This direction had its basis in the finding recorded by the learned single Judge that there was no specific provision under the Act, which would allow the Government/authorities to withdraw or reduce the extent of land sought to be acquired especially after the said land vested with the Central Gov