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RAMESH SINHA, SANJAY K. AGRAWAL
National Highways Authority of India, Through Project Director – Appellant
Versus
State of Chhattisgarh, Through the Secretary, Department of Revenue and Disaster Management – Respondent
ORDER :
(Sanjay K. Agrawal, J.)
1. This writ appeal preferred under Section 2(1) of the Chhattisgarh High Court (Appeal to Division Bench) Act, 2006 is directed against the judgment and order dated 17-1-2023 passed in W.P.(C) No.3243/2022 by which the writ court has dismissed the writ petition preferred by the National Highways Authority of India (NHAI) – writ petitioner/writ appellant herein declining to issue appropriate writ or direction to de-notify the land in left over stretch at toll plaza location at Km. 84+000 of NH New No.130 (Old No.111) Pathrapali-Katghora Project, finding no merit.
2. Challenge to the impugned order of the writ court has been made on the following factual backdrop: -
3. For the purpose of widening of NH New No.130 (Old No.111) Pathrapali-Katghora Project, some lands situated at Village Madanpur, Tahsil Pali, District Korba and Village Mohanpur, Tahsil Katghora, District Korba, were undertaken for which initial notification under Section 3A of the National Highways Act, 1956 (for short, ‘the Act of 1956’) was published in the Gazette of India vide notification dated 17-6-2020 and thereafter, subsequent notification under Section 3D of the Act of 1956 was
Mistaken inclusion of land in acquisition notifications does not automatically grant ownership, and compensation requires assessed possession under relevant laws.
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 court established that non-compliance with Section 5A of the Land Acquisition Act invalidates acquisition proceedings, emphasizing the necessity of adhering to principles of natural justice.
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....
The National Highways Act, 1956 does not confer specific power on the concerned Government or the authorities to withdraw or reduce the extents of land sought to be acquired, and it does not envisage....
The main legal point established in the judgment is that the RFCTLARR Act, 2013 was not applicable in the present case, and the land acquisition proceedings should continue under the J&K Land Acquisi....
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