The court emphasizes the importance of public projects and the minimal impact on the petitioner's land due to the acquisition, while ruling that the procedure under Section 3-C was followed.

JUDGMENT

(Prayer:Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records related to the impugned notification issued by the third respondent in his proceedings Roc No.4489/2018/A2 dated 16.03.2020 published in the Hindu Newspaper on 20.03.2020 and the impugned second notification in Roc. No.4489/2020/A2 dated 12.05.2020 issued by the third respondent published in the Hindu Newspaper on 16.05.2020 and the consequential orders passed by the third respondent in his proceedings in Na.Ka.No.4489/2020/A2 dated 23.06.2020 and the consequential impugned notification issued by the first respondent and published in the Government Gazette of India in Gazette No.2275 dated 31.07.2020 in S.O.2569(E) dated 31.07.2020 and quash the same as illegal and contrary to the spirit of the provisions of the National Highways Act, 1956.)

The point for consideration in this Writ Petition is whether the third respondent has followed the procedure contemplated under Section 3-C of National Highways Act, 1956 (hereinafter referred to as “the Act”), before acquiring the lands belonging to the petitioner.

2. The contention of the petitioner is that the impugned notification, dated 16.03.2020 acquiring the petitioner's land issued by the third respondent has lapsed on account of the National Lockdown due to COVID-19, as it was not possible for the interested persons to submit their objection within 21 days in the office of the third respondent and on account of the cancellation of scheduled enquiry on 15.04.2020. According to the petitioner, all the consequential proceedings relating to the acquisition of the petitioner's land are illegal and non est in the eye of law.

3. It is the contention of the petitioner that the procedure contemplated under Section 3-C of the Act has not been followed and personal hearing was also not afforded to the petitioner. Therefore, it is the contention of the petitioner that declaration of acquisition under Section 3-D of the Act published in the Gazette of India dated 31.07.2020 is illegal and hence, the same is liable to be set aside.

4. However, it is the contention of the third respondent that the impugned proceedings have been issued only in accordance with the procedure contemplated under Section 3-C of the Act. According to the third respondent, the notification, dated 26.02.2020 under Section 3-A(1) of the Act, was published in the Government of India Gazette No.800, dated 27.02.2020 in S.O.874(E). It is also submitted that the notification under Section 3-A(3) of the Act was also published in “Daily Thanthi” Tamil and “The Hindu” English on 20.03.2020 inviting objection, if any, for the proposed acquisition, which disclosed the petitioner's land also.

5. According to the third respondent, the petitioner did not submit his objection and also did not appear before the third respondent on 15.04.2020. According to the third respondent, the petitioner has not availed the opportunity given to him to raise his objection in accordance with the provisions of Section 3-D of the Act.

6. According to the third respondent, the petitioner has not raised any objection upto 12.05.2020. The third respondent has also issued another notification, which was published in “Daily Thanthi” Tamil and “The Hindu” English on 16.05.2020 requesting the land owners to submit their objection petition, if they have not submitted the same before. According to the third respondent, despite the additional notification, dated 12.05.2020, the petitioner has failed to submit his objection petition on or before 22.05.2020. According to the third respondent, the petitioner submitted his objection only on 10.06.2020, which was received by the third respondent on 12.06.2020. According to the third respondent, though the objection petition was sent to the requisitioning body, ie., the Deputy General Manager (T) and Project Director, National Highways Authority of India, Madurai, for r