The National Highway Act, 1956 provides for the acquisition of private properties for the construction of national highways, including the process of award declaration and compensation determination. Failure to follow the prescribed procedures can lead to the dispossession of landowners without due process.

JUDGMENT :

1. The petitioners herein, claim to be residents of House No. 74 Bheekampur, Dayalpur, Tehsil and District Auraiya and stated to be owners of Arazi No. 558 area 0.041 hectares situated at Mauza/Pargana Bheekampur Tehsil and District Auraiya and claim that their names are recorded in the revenue records namely Khatauni for the fasli year 1428-1433. A perusal of the copy of the Khatauni appended as Annexure-1 to the writ petition, indicates that the names of the petitioners, herein, have been shown as the owners of Gata No. 528 area 0.041 hectare.

2. The contention in the writ petition is that the land in question was acquired for the construction of National Highway widening of 2 lane to 4 lane NH-II, in the year 2015-2016. The notice under Section 3G (4) of the National Highway Act, 1956, fixing 7.5.2018 was issued to the petitioners inviting their objections by the competent authority. It is further stated that in compliance of the said notice, petitioners approached the competent authority and submitted the revenue papers to put forth their claim for disbursement of compensation. It was then transpired that the compensation for acquisition of Arazi No. 558 area 0.041 hectare, plot in question has not been determined by the competent authority. The contention is that though the construction of Highway has been completed but compensation has not been provided to the petitioners despite the fact that they have been approaching the respondents for a long time.

3. In the counter affidavit filed on behalf of the State-respondents, pursuant to the order dated 30.11.2022 passed by this Court whereby reasons were called for from the competent authority to explain for non declaration of award for more than six years, it is admitted that Gata No. 558, area 0.008 hectares had been acquired for widening of NH-II from 4 lane to 6 lane. The acquisition notifications were issued under Section 3A and 3D of the National Highways Act, 1956. Out of the land of total 37 villages acquired by the aforesaid notifications, the award for 28 villages had been declared and the proceeding for declaration of award for 9 villages has not been completed. Individual notices were issued to the tenure holders village-wise and the date of hearing fixed by the competent authority has been indicated in para-6 of the counter affidavit of the State. It is stated therein that the objections of the tenure holders have been received and kept on record.

4. However, the stand of the State-respondents is that under Section 3B of the National Highways Act pertaining to the power of survey, it is provided that after issuance of the notification under Section 3A, the survey would be conducted by the authorised officer appointed by the Central Government. The power of survey includes inquiry/ investigation/survey/valuation and inspection of the site in question. It is then contended that for declaration of the award of 9 villages, the competent authority completed the following actions for evaluation of the affected land of the remaining 9 villages:

“(I) Letter no. 46/Bhu.Aa/NHAI/Auraiya was sent on 15.05.2017. A copy of the letter dated 15.05.2017 is being enclosed herewith and marked as Annexure No. 1 to this affidavit.

(II) On 21.07.2020 pertaining to the point No. 7 of the meeting held with Project direction National Highway, Kanpur, the valuation report was directed to be made available. A copy of the letter dated 21.07.2020 is being enclosed herewith and marked as Annexure No. 2 to this affidavit.

(III) Vide memo no. 137 dated 19.06.2021, the meeting scheduled on 25.06.2021 was sent. A copy of the letter dated 19.06.2021 is being enclosed herewith and marked as Annexure No. 3 to this affidavit.

(IV) Vide memo no. 171 dated 12.07.2021, the letter was issued for disposal of pending matters. A copy of the letter dated 12.07.2021 is being enclosed herewith and marked as Annexure No. 4 to this affidavit.

(V) Thereafter vide memo no. 188 dated 20.07.2021 a letter was issu