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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
B. KRISHNA MOHAN
Mullapudi Yamini Pushkarini – Appellant
Versus
Union of India – Respondent
ORDER :
1. The land owners, whose lands have come under acquisition for construction of a four-lane access-controlled Greenfield Highway by National Highway Authority of India (NHAI) from Khammam-Devarapalli are before this Court.
2. Heard the learned Counsel for the petitioners and the learned Counsel appearing for the respondents.
3. The present petition is filed challenging the Notifications, Award Enquiry Notices, Award, Award Notices issued under the National Highways Act, 1956, EIA Notification, 2006 viz., (i) SO.No. 1388 (E) published in Gazette No.1240 dated 27.04.2020 and under section 3A of the NH Act, 1956 published in Hans India, Andhra Jyothi daily News Papers dated 08.05.2020 (ii) S.O.No.4189(E), MORT & H dated 23.11.2020 published in Gazette No.3687 under section 3D of the NH Act, (iii) Public Notice Rc.No.1/2020/CALA&JC/NHAI/365BG, dated 08.08.2020 under section 3(G)(3) of the NH Act; (iv) Award Enquiry Notices vide ROC No.1/NH-365 BG/2020 dated 20.01.2020 and 23.01.2021; (v) Award Nos.6/2021/NH-365BG, 7/2021/NH-365 BG, dated 15.03.2021 of the 6th Respondent under section 23 of RFCTLRR Act r/w section 3G of the NH Act; (vi) Award Notices issued vide Roc.No.01/2020/NH-3
The court affirmed that the declaration of a road as a national highway is not a prerequisite for land acquisition under the National Highways Act, emphasizing public interest in infrastructure devel....
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 court held that the National Highways Authority of India can acquire land for road safety advocacy as it falls within its statutory functions under the National Highways Act.
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.
The court clarified that the declaration of land as a National Highway before acquisition and the Competent Authority's order under the 1956 Act do not require strict adherence to judicial procedures....
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 procedure under Sections 3G and 3E of the National Highways Act was duly followed in passing the awards.
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