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2013 Supreme(Kar) 124

High Court of Karnataka
DILIP B. BHOSALE & B. MANOHAR, JJ.
M/s. Bernadette Fernandes & Others
Versus
Union of India, Rep by Its Secretary & Others
W.A. Nos. 260 of 2012 (LA-RES) & 451-460 of 2013 C/W W.A. Nos. 330-331, 336-363, 844-1012, 1520-1544, 4732-51, 2455-2462, 2464-2477, 5197-5222, 85818591 of 2012 & 648-773 of 2013
Decided On : 21-02-2013

Advocate Appeared:
For the Petitioners:K.V. Narasimhan, Sanath Kumar Shetty, M.M. Swamy, Advocates.
For the Respondents:Mrs. Shilpa Shah, Mrs. M.C. Nagashree, HCGP, Shobith N Shetty for M/s. S.N.S. Law Chambers, Advocates.

Headnote:NATIONAL HIGHWAYS ACT, 1956 - Sections 3-A(1), 3-D: [Dilip B. Bhosale & B. Manohar, JJ] Challenge to preliminary and final notifications - Land acquired for widening of highway which was in public interest - Land owners were given opportunity of hearing and their objections were rejected - Held, It could not be stated as to how land acquisition was not for purpose under Sections 3A(1). Acquisition caused hardship to owners but it cannot be ground for quashing notification when acquisition is in public interest. National Highway Authority of India (NHAI) is competent authority which prepares and implements plans through study by experts and its decision cannot be interfered with by Court. Notifications are valid.

Judgment :-

Dilip B. Bhosale J.

1. This bunch of writ appeals arises out of the common judgment and order dated 17.10.11 rendered by learned Single Judge in a group of writ petitions filed by the appellants challenging preliminary as well as final notifications issued under sections 3A (1) & 3D of the National Highways Act, 1956 (for short "the NH Act"). The writ petitions along with the corresponding writ appeals, arising from the common judgment dated 17.10.2011 are W.A. No.260/12 & W.A.Nos.451-460/13 in W.P. NOs.41809- 819/2010; W.A.Nos.330/12 & 4732-51/12 in W.P.Nos.9110/11 & 9493-9512/11; W.A.Nos.331/12 & 648-773/13 in W.P.Nos.11377-11458/11 & 11460-11491/11, 11493-11498/11, 11500, 11501, 11504-11507/12; W.A. Nos.336-363/12 in W.P.Nos.27610-27627/10 & 28088-28097/10.

1.1 After disposing of the aforementioned group of writ petitions, the remaining groups of writ petitions were disposed of by different orders dated 16.1.12, 13.1.12, 21.3.12 and 24.5.2012, following the common judgment and order dated 17.10.2011. As common questions of law are involved in all the appeals and the background facts are identical, these appeals were heard together and are being disposed of by this common judgment.

2. Briefly stated, the facts leading to these appeals, to appreciate the controversy and the rival stands thereon, are as follows. The appellants are owners and in possession of lands that are subject matter of the acquisition (for short "the lands") under the provisions of the NH Act, situate at different villages in Dakshina Kannada and Udupi Districts. The lands are abutted to the existing National Highway No.17. About 3-4 decades ago, the appellants claim that their lands were acquired for building the existing NH - 17 of about 45 mts. width.

2.1 The Central Government in exercise of the powers vested in it under section 3A (1) of the NH Act issued notifications on different dates (i.e., 29.10.2009, 18.12.2009, 8.2.2010 & 26.2.2010), in respect of different stretch of lands, involving the lands of the appellants, for widening of the existing NH 17 to the extent of 60 mts. from Kundapur -Suratkal (Km.283-300 to Km.358-080) and from Nantoor -Talapady (Km.375.300 to 376.600 and Km.3.700 to 17.200). The notifications under sections 3A(1) were published in daily newspapers. The notifications contained names of the concerned villages, survey numbers including its particular parcel number, nature, type and area of land proposed to be acquired. In the notification it was clearly mentioned that the land plans and other details of the lands are available and can be inspected at the office of the competent authority. It was also mentioned that any person interested in the lands may file objections before the competent authority within 21 days from the date of publication of the notification in the Official Gazette. Simultaneously, as stated above the substance of the notification was published in daily newspapers.

3. We are not mentioning the relevant dates, connecting each of the appeals, of the notifications under section 3A and 3D; dates of their publication in official gazettes; name of the news papers; and the dates of their publication therein etc. since they are not in dispute or have any bearing on the questions / points raised for our consideration in these appeals.

4. In response to the notifications under section 3A, a number of land owners / appellants filed objections. Majority of the appellants, who filed objections, in their objections, stated that after the acquisition his / her remaining land will become useless and that he / she will render landless or will lose their only source of livelihood. The sum and substance of the objections raised by most of the land owners / appellants, as mentioned in the writ petitions is as follows:

a) The portion of NH-17 is a thickly populated area consisting of residential houses, commercial complex, educational institutions, ancient temples and mosques, shops/commercial premises of petty























































































































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