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B. M. SHYAM PRASAD
Ranganathan N. Dead By Lrs Rajalaxmamma – Appellant
Versus
State of Karnataka – Respondent
ORDER :
1. The petitioners are the owners of land in Sy.Nos.232, 233, 229/A, 235/A, 235/B, and 224/1 of Madhuvanahalli village, Palya Hobli, Kollegal Taluk, Chamarajanagar District [for easy reference, these lands are hereafter together referred to as the 'subject properties'], and the petitioners have impugned the notification dated 05.04.2021 [Annexure-H] issued under the provisions of Section 15 of the KARNATAKA STATE HIGHWAYS ACT , 1964 [for short, 'the Highways Act'] insofar as the subject properties.
2. The circumstances preceding the issuance of the impugned notification dated 05.04.2021 are that on 07.06.2017, the second respondent has issued a public notification stating that the Government has accorded its approval for purchase of lands required for the purposes of developing State Highway No. 79 [between Kollegal and Hanur] over a distance of 23.800 kms under KSHIP-3 Project Package - 1A and the lands mentioned in the schedule appended to the public notification would be necessary for such purpose. The subject properties are mentioned in this public notification.
3.
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Point of law: Land Acquisition - Where in respect of any land, a notification has been published under sub-section (1) of section 3A for its acquisition but no declaration under sub-section (1) has b....
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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....
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.
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