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SURAJ GOVINDARAJ
Snd Sampath, S/o. Late V. Selvanayagam – Appellant
Versus
Competent Authority And Assistant Commissioner, Mangalore Sub-Division, Mangalore – Respondent
ORDER :
(Suraj Govindaraj, J.)
1. The petitioner is before this Court seeking for the following reliefs:
a. Issue a writ of mandamus for any other appropriate writ order or directions holding that the action of the respondents in initiating demolition of SCHEDULE PROPERTY BEARING No.10/60/1 KANKANDY VILLAGE process of yours is owned by the petitioner is without process of LAW authority of law and is opposed to the article 14, 21,300 A of the Indian Constitution.
b. Issue a writ of mandamus or any other appropriate writ or order or direction, granting all the consequential benefits consequent upon of demolition.
c. GRANT the petitioner costs of these proceedings and pass such other order or orders as deem fit by this Hon’ble Court under the facts and circumstances of the case to meet the ends of justice.”
2. The petitioner claims to be the owner of the property bearing No.10/60/1 on Nehru road, Gorigudda, Kankanady 'B' Village, Mangalore, the said property was earlier belonging to Mrs. Rohini Su
Proper notification of land acquisition must include the owner's name and property details to ensure the right to object is upheld, as mandated by the National Highways Act.
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....
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 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....
Acquisition of land - passing of award with a delay of six years etc., would render the Award invalid and land acquisition proceedings lapsed, in the absence of a specific provision dealing with the ....
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 scope of judicial review in acquisition matters is very limited and the courts can nullify the acquisition of land and in rarest of rare case, the particular project, if it is found to be ex-faci....
Public interest in land acquisition for national highway construction can outweigh individual objections related to procedural inadequacies when substantial work has progressed.
Acquisition of Land – Suppression of material facts - Material on record belies the plea of the petitioners and nondisclosure of this crucial fact is not only misleading, but also constitutes suppres....
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