The competent authorities are duty-bound to consider the objections of the owners/persons concerned under Section 3(C) of the National Highways Act 1956. The right of property is subject to the acquisition laws enacted by the State or the Union, and the authorities must follow the procedures contemplated under the Act.

The relief sought for in this writ petition is to call for the records on the file of the respondents in the impugned notification under Section 3A(1) of National Highways Act, 1956 (Central Act 48/1956) as amended by National Highways (Amendment) Act, 1997 (Central Act No.16/1997) and published on 18.03.2017 in Daily Thanthi Tamil Newspaper and under Section 3D and 3G(3) of National Highways Act 1956 (Central Act 48/1956) as amended by National Highways (Amendment) Act, 1997 (Central Act No.16/1997) and published on 23.02.2018 in Daily Thanthi Tamil Newspaper for acquisition of lands for formation of four lane in Cuddalore district, National Highways No.45-A, from Km 37/450 to 38/650; Km 39/950 to Km 42/350; Km 47/225 to Km 48/400 and Km 50/610 to Km 108/860, Villupuram-Puducherry-Cuddalore-Nagapattinam and in proceedings No.Na.Ka.They.Ney.Ni.A./A1/33/2016 dated 14.11.2017 on the file of the 3rd respondent and quash the same.

2. The learned counsel appearing on behalf of the writ petitioner strenuously contended that the right of property of the writ petitioner has been taken away without following the procedure as contemplated under the National Highways Act 1956 (Central Act 48/1956) as amended by National Highways (Amendment) Act, 1997 (Central Act No.16/1997).

3. The learned counsel for the petitioner is of an opinion that the objections to be submitted by the petitioner must be considered at the first instance. However, the detailed objections already submitted by the writ petitioner has not been considered by the respondent at all. Thus, the notification itself is liable to be scrapped. The learned counsel proceeded by stating that he is the owner of the land and the respondents have now taken a step to lay a public road and therefore, his objections ought to have been considered at the first instance. It is further submitted that the alternate routes are available and the respondents are acting with an ulterior motive to take away the lands available with the writ petitioner.

4. The learned counsel appearing on behalf of the respondents states that already a notification has been issued under Section 3A(1) of the National Highways Act 1956 (Central Act 48/1956) as amended by National Highways (Amendment) Act, 1997 (Central Act No.16/1997) and the procedures are scrupulously followed by the competent authorities as there is no violation under the said Act. Thus, the objections already submitted by the petitioner would be considered by the authorities within the time, if any, granted by this court.

5. Let us now look into the provisions of the National Highways Act 1956 (Central Act 48/1956) as amended by National Highways (Amendment) Act, 1997 (Central Act No.16/1997) :

"Section 3: Definitions.-In this Act, unless the context otherwise requires :

(a) "competent authority" means any person or authority authorised by the Central Government, by notification in the Official Gazette, to perform the functions of the competent authority for such area as may be specified in the notification;

(b) "land" includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth.

Section 3A: Power to acquire land, etc: (1) Where the Central Government is satisfied that for a public purpose any land is required the building, maintenance, management or operation of a national highways or part thereof, it may, by notification in the Official Gazette, declare its intention to acquire such land;

(2) Every notification under sub-section (1) shall give a brief description of the land.

(3) The competent authority shall cause the substance of the notification to be published in two local newspapers, one of which will be in a vernacular language.

Section 3B: Power to enter for survey, etc.-On the issue of a notification under subsection (1) of section 3A, it shall be lawful for any person, authorised by the Central Government in this behalf, to-

(a) make any inspection, survey, measurement,