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IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J.
Mano Alex W/o. Alex Mathew – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
The above writ petition is filed challenging Ext.P1 notification issued under Section 3A of the National Highways Act, 1956 (in short 'the Act, 1956'). Going by Section 3A of the Act, 1956 the acquisition could be made if the land is required for a public purpose, for the building, maintenance, management or operation of a national highway or part thereof and the contention of the petitioner is that the present acquisition is not for any of the purposes mentioned in Section 3A of the Act, 1956 and therefore, the proceedings initiated as per Ext.P1 is liable to be interfered with. It is seen that subsequently the petitioner restricted the reliefs to the extent of seeking a direction to the NHAI to acquire the small portion of land left out from the 3A notification as the same cannot be utilised by the petitioner for any other purpose and to pay compensation for the acquired land treating the property as “purayidom”.
2. When the matter came up for consideration on 17.07.2020 this Court clarified that the National Highway Authorities are entitled for 3D publication, but they were injuncted from taking further action after the 3D publication, without obtaining further orders f
The authority determining compensation for land acquisition must consider comprehensive factors beyond revenue records, including market value and actual use of the land.
The court established that land once vested with the government under the National Highways Act cannot be reduced without following due legal process.
The court established that land once vested in the government under the National Highways Act cannot be reduced without following the statutory process.
Point of law : while the 'CALA' acts under Section 3G of the 'NH Act', he is vested with the powers of a Civil Court, including for summoning and examining witnesses; delivery and production of docum....
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 court ruled that compensation for land acquisition must reflect market value and consider hardships faced by landowners, as mandated by the National Highways Act and RFCTLARR Act.
The main legal point established in the judgment is that land acquisition proceedings can be challenged after the passing of the award and receipt of compensation in exceptional cases falling within ....
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