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2011 Supreme(P&H) 1823
IN THE HIGH COURT OF PUNJAB AND HARYANA
[DIVISION BENCH]
Before
The Hon’ble Mr. Acting Chief Justice M.M. Kumar
The Hon’ble Mr. Justice Rajiv Narain Raina
CWP No. 4534 of 2010 (O&M)
M/s Ashok Leyland Limited
v.
Union of India & Ors.
{Decided on 17/10/2011}
For the Petitioner:Mr. Sumit Bansal, Advocate.
For the Respondent(s):Mr. Kamal Sehgal, Advocate & Mr. Vikas Soni, Advocate.
Headnote:Land Acquisition--Land acquired invoking special provisions of National Highway Act--Solatium and Interest would be payable as per the provisions of the L.A. Act.
(A) National Highways Act, 1956, 3A, 3D & 3G--Acquisition of land--Payment of interest and solatium--Land acquired invoking special provisions--Solatium and interest would be payable as per the provisions of the L.A. Act--Land Acquisition Act, 1894. (Para 2)
(B) National Highways Act, 1956, S.3A--Acquisition of land--Public purpose--Notification under Section 3A of the N.H. Act was issued in respect of the disputed land for the public purpose of widening of National Highway--Notification published in two news papers--Munadi (proclamation) by beat of drums in the locality also effected--The land owners were given time to file objections--Petitioner did not file any objection--Notification would not render illegal by producing the language of Section 13 and 16 of the Act--Contention that notification should have mentioned all those functions to which reference has been made in Sections 13 and 16 of the 1988 Act not tenable--Held;
(i) Once the power is traceable to a statutory provision it is not mandatory--It would not render a notification illegal.
(ii) Any land required by the Authority for discharging its functions would be deemed to be land needed for a public purpose. (Paras 10 & 11)
(C) National Highways Act, 1956, S.3A(2)--Acquisition of land--Notification--Notification under Section 3A of the N.H. Act issued in the Official Gazette--Notification showed that the land plans and other details of the land covered under the notification were available and could be inspected by the interested person at the office of the competent authority--It is sufficient compliance with Section 3A(2) of the N.H. Act--Land Acquisition Act, 1894. (Para 12)
Mr. M.M. Kumar, ACJ.: - This petition filed under Article 226 of the Constitution seeks a declaration to the effect that provisions of the National Highways Act, 1956 (for brevity, ‘the N.H. Act’) are ultra vires Articles 14, 19, 21 and 300-A of the Constitution and also seeks consequential relief of quashing of notifications dated 1.10.2009, 21.12.2009 and 13.1.2009 (P-6, P-7 and P-8 respectively), issued under Section 3A read with Section 3D of the N.H. Act, in respect of the land forming part of Khasra Nos. 26/8/2 (measuring 75.87 Sq. Mtrs.), 26/8/2/1 (measuring 1871.46 Sq. Mtrs.), 26/8/2 (measuring 177.03 Sq. Mtrs.) and 26/13/1/1 (measuring 556.36 Sq. Mtrs.).
2. At the outset it is relevant to mention here that the question of vires has already been decided by a Division Bench of this Court, vide order dated 15.3.2010. Following the judgment dated 28.3.2008 rendered by another Division Bench in the case of M/s Golden Iron and Steel Forging v. Union of India and others (CWP No. 11461 of 2005) wherein the special provisions relating to acquisition were upheld although the provisions of Section 3G read with Section 3J of the N.H. Act relating to interest and solatium were struck down. It was held that solatium and interest would be payable as per the provisions of the Land Acquisition Act, 1894 (for brevity, ‘the 1894 Act’). Accordingly, this Court rejected the challenge made by the petitioner regarding vires of Sections 3A and 3D etc. of the N.H. Act, vide order dated 15.3.2010.
3. For the purposes of deciding the other issues raised in the instant petition, it would be necessary to notice few material facts. M/s Ashok Leyland Limited-petitioner is a company incorporated under the Companies Act, 1956. It had purchased land/property bearing No. 12/5, Mathura Road, Faridabad, comprised in Khasra Nos. 26/8/2 (1-17), 26/13/1 (2-10), 26/12/2 (5-7)Min, 26/12/2 (5-7), 26/9 (8-0), 26/10Min (1-9) and 26/11/1min (1-9), village Sarai Khawaja, vide sale deed dated 4.8.1998. Thereafter, the petitioner Company developed the area and constructed its main office building. On 10.2.2010, the petitioner Company received a notice under the provisions of the N.H. Act announcing that the land in question has been acquired and possession would be taken within 60 days from the issuance of said notice. In fact, the said notice was issued by the Competent Authority-cum-Land Acquisition Collector-respondent No. 3 by naming the erstwhile owner, namely, M/s Delhi Automobiles Ltd. (P-2).
4. After making inquiries, the petitioner Company came to know that the land of the petitioner Company comprised in Khasra Nos. 26/8/1 and 26/13/1/1/2 has been sought to be acquired. On 18.8.2008, a notification under Section 3A of the N.H. Act was issued which was amended by issuing another notification dated 21.1.2009. On 12.8.2009 another notification was issued under Section 3D(i) of the N.H. Act. Copies of the said notifications have been placed on record as Annexure P-5. By the said notifications land measuring 75.87 Square Meters belonging to the petitioner company out of Khasra No. 26/8/2 was sought to be acquired for the purposes of building, maintenance, management and operation of National Highway No. 2. On 1.10.2009, another notification under Section 3A of the N.H. Act was issued wherein the land forming part of Khasra No. 26/8/2/1 (871.46 Square Maters) and 26/12/1/1/2 (859.86 Square Meters), belonging to the petitioner Company was sought to be acquired (P-6). On 21.12.2009 a declaration under Section 3D of the N.H. Act was issued (P-7). Still further, another notification under Section 3A of the N.H. Act was issued on 13.1.2010 whereby the land falling in Khasra Nos. 26/8/2 (556.35 Square Meters) and 26/12/1 (177.03 Square Meters) belonging to the petitioner Company was sought to be acquired (P-8). The petitioner Company claims to have made several representations such as 19.2.2010, 26.2.2010 and 5.3.2010 (P-3, P-4 and P-9) regarding release of
