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B. M. SHYAM PRASAD
K. P. Ramreddy – Appellant
Versus
Union of India – Respondent
JUDGMENT
1. The petitioners have impugned the notifications issued by the respondents under the provisions of Sec. 3A and 3D of the National Highways Act, 1956 (for short, "the Act"). The notification under Sec. 3A of the Act is issued on 22/12/2017 and the notification under Sec. 3D of the Act is issued on 16/3/2018.
The principal ground on which the petitioners impugn the aforesaid notifications is on the ground of lack of opportunity to file objection and show cause against the acquisition of their lands as contemplated under Sec. 3C of the Act.
2. In elaboration of the petition averments, Sri.S.M.Kalwad, the learned counsel for the petitioners, submits that the petitioners are the owners of different lands in Kasaba Village, Haddinagudu Village and Sanganakallu Village of Ballari District and only certain portions of their larger lands are notified for acquisition for the purposes of constructing a National Highway under the impugned notifications. Though the first respondent has issued notification under Sec. 3A of the Act, indicating the names of the Village, Taluk, District, the survey numbers and the area required for the purposes of execution of the project, the first respo
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....
Acquisition of Land -Petitioner, being a person interested in the land acquired, is not precluded from raising his claim before the competent authority on issuance of the notification under Section 3....
Authorities under the National Highways Act are not required to consider objections submitted prior to formal notification when objections are not filed within the prescribed timeframe.
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.
Absence of any reference to a plan in the Notification and infact non-availability of any plan linked to the notification, fortifies argument that the description of the land under acquisition in the....
The main legal point established in the judgment is the importance of complying with the specified time frame for filing objections under the National Highways Act and the court's emphasis on the pub....
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....
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