Back
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
S.SUNIL DUTT YADAV, VIJAYKUMAR A.PATIL
Shivakrishna Mandir Rep. by its President and Authorised Signatory Shri Nandan – Appellant
Versus
Union of India, Ministry of Road Transport and Highways, New Delhi – Respondent
JUDGMENT :
S. SUNIL DUTT YADAV, J.
1. The writ petition filed challenging the notification under section 3A of the National Highways Act, 1956 [for short the “N.H. Act”] came to be disposed of by virtue of the order dated 02.12.2024 passed by the Division Bench in W.A.No.100581/2024 c/w W.A.No. 100584/2024. The Division Bench took note of the passing of the final notification under Section 3D of the N.H. Act and observed that the grievance of the petitioners could not be considered in light of the subsequent events and further liberty was reserved to file a writ petition challenging the final notification issued under Section 3D of the N.H. Act. While W.A.No.100581/2024 was disposed of in terms of the above observation, W.A.No.100584/2024 was disposed of with an observation that the acquisition itself had lapsed as though preliminary notification was issued on 09.03.2023, no final notification had been issued within one year and accordingly, the acquisition had lapsed.
2. Thereafter the appellants herein filed W.P.No.100328/2025 which came to be dismissed by the learned Single Judge vide order dated 25.02.2025. Accordingly, the present appeal has been filed challenging the order of th
Public interest in land acquisition for national highway construction can outweigh individual objections related to procedural inadequacies when substantial work has progressed.
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....
The court emphasized the importance of timely filing of objections in land acquisition proceedings and the limited scope of judicial review in such matters, particularly when the project is for publi....
Land plans and other details of the land covered under the notification are available and can be inspected by the interested persons at the aforesaid office of the competent authority” there is suffi....
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 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....
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....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
