IMPORTANT POINT
Failure to object to land acquisition notifications limits remedies to compensation claims; individual notices are not mandated under the National Highways Act.

JUDGMENT :

(Dhiraj Singh Thakur, CJ.)

The present appeal filed under Clause 15 of the Letters Patent has been preferred against the judgment and order dated 12.12.2023 passed in W.P.No.31332 of 2023.

2. Briefly stated, the material facts are as under:

The petitioner is a dealer appointed by the Indian Oil Corporation and is running a petrol station over a piece of land measuring 6,950 sft..

An agreement came to be executed between the Indian Oil Corporation Limited and the Executive Engineer, the Department of Irrigation, whereby land measuring 6,250 sft falling under Sy.No.95 in Nellore Town was permitted to be used by the Indian Oil Corporation Limited ‘on temporary occupation basis for a period of 5 years commencing from 01.07.1951 subject to terms and conditions’.

3. A piece of land measuring 6,250 sft came to be allotted to the Indian Oil Corporation Limited by the Department of Irrigation over which the petitioner claimed that he was running a petrol station since 1964. The period of lease, it is stated, was being extended from time to time in favour of Indian Oil Corporation. The Ministry of Road, Transport & Highways appears to have sanctioned work for construction of two-lane Major Bridge across Penna River at 739.234 Km on NH-67 including approaches parallel to existing 2 lane bridge for which the Revenue Divisional Officer, Nellore, was appointed as the Competent Authority for land acquisition.

4. A notification under Section 3A of the National Highways Act, 1956, was published in the Gazette on 15.02.2022 calling for objections from interested persons. Subsequently, a notification under Section 3D of the Act, 1956, was published on 08.09.2022 and whereafter a notification under Section 3(G)(3) of the Act, 1956, also came to be published on 01.10.2022. Reference to the notification under Section 3A of the Act, 1956, would make it clear that among others land falling under Sy.No.95, 96/1, 96/2 and 97/1C was sought to be acquired with or without structures.

5. As per the said notification under Section 3-A of the Act, the following was the classification of the land falling under Sy.No.95, 96/1 & 96/2 & 97/1C:

6. The admitted case of the parties is that no objections were filed by the petitioner to the notification under Section 3A and further did not participate in the proceedings under Section 3D and 3G. It is an admitted case of the parties that the petitioner did not submit the objections to the notification under Section-A of the Act, 1956, which was followed by the declaration under Section 3D of the Act, 1956, and the notification under Section 3(G)(3) of the Act, 1956. In that background, communication dated 08.11.2023 came to be issued by RDO, Nellore, to the Senior Divisional Manager of the I.O.C.L. directing the I.O.C.L. to stop the fuel supply immediately to I.O.C.L. petrol bunk as it was falling on the proposed National Highway project site and was causing hindrance to the execution of the work.

7. It was emphasized that the petrol bunk was required to be removed immediately failing which I.O.C.L. stood informed that the R.D.O., Nellore, would be compelled to initiate action under the Andhra Pradesh Land Encroachment Act, 1905. Another communication dated 28.11.2023 came to be issued by R.D.O., Nellore, to Nagavani, a partner in the petitioner firm, reiterating the requirement of the removal of the petr