Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(AP) 12905

HIGH COURT OF ANDHRA PRADESH
K Sreenivasa Reddy, J
V. Veera Swamy – Appellant
Versus
Government of India – Respondent
WRIT PETITION NO: 35960/2013 | 35961 of 2013 | 35962 of 2013 | 35963 of 2013 | 35964 of 2013 | 36034 of 2013 | 36035 of 2013 | 36036 of 2013 | 36037 of 2013 | 36038 of 2013 | 36039 of 2013 | 36040 of 2013 | 36041 of 2013 | 36042 of 2013 | 36043 of 2013 | 36044 of 2013 | 36045 of 2013 | 36046 of 2013 | 36047 of 2013 | 36048 of 2013 | 36049 of 2013 | 36050 of 2013 | 36051 of 2013 | 36052 of 2013 | 36054 of 2013 | 36055 of 2013 | 36056 of 2013 | 36057 of 2013 | 36058 of 2013 | 1168 of 2014

Advocates:
For the Appellants/Petitioners: []
For the Respondents: S.S. Varma

Compliance with land acquisition notification requirements under special highway legislation is satisfied by providing a brief land description and making detailed plans available for public inspection. Individual grievances regarding compensation amounts or tax deductions must be pursued through statutory arbitration mechanisms rather than judicial review.

Headnote:(A) National Highways Act, 1956 - Sections 3A(1), 3A(2), 3A(3), 3C(1), 3D(1), 3E(1), 3G(1), 3G(5), 3G(7), 3H(1), 3H(2) - Acquisition of land for highway expansion - Validity of notification and compensation determination - Petitioners challenged acquisition proceedings alleging lack of land description in notifications and omission of plan attachments - Court held that legislative intent behind specific Act provides for a brief description and availability of plans for inspection at competent authority office suffices as compliance (Paras 9, 15, 16, 19)

(B) Writ Jurisdiction - Judicial review in highway projects - Scope is limited to cases where acquisition is ex facie contrary to law or tainted by malafides - Courts are not equipped to decide on project viability or alignment, and collective public interest prevails over individual rights (Para 24, 25)

Facts of the case:
Petitioners challenged the acquisition of their lands for highway widening. They argued that notifications under the Act were illegal due to improper description, absence of annexed site plans, denial of opportunity to object, and erroneous determination of market value and deduction of income tax at source.

Findings of Court:
The Court held that the notifications contained sufficient brief descriptions as required by the special legislation and that the reference to the availability of site plans for inspection at the office of the competent authority constituted substantial compliance. The court noted that the petitioners failed to file objections within the statutory timeframe.

Issues: Whether the failure to attach land plans to the notifications and the calculation of compensation (including income tax deductions) rendered the acquisition proceedings and subsequent awards illegal and arbitrary.

Ratio Decidendi: The court maintained that the National Highways Act acts as a comprehensive special code. Compliance is achieved when notification provides a brief description and makes supporting documents available for inspection. The remedy for grievances regarding compensation quantum and tax deductions lies with the appointed arbitrator rather than through writ petitions which seek to stall critical national infrastructure projects.

Result: Writ Petitions dismissed with liberty to move the competent authority for grievances regarding compensation and tax deductions.

Table of Content
1. procedural compliance in national highway land acquisition. (Para 2 , 3 , 4 , 12 , 13)
2. sufficiency of section 3a publication and land description. (Para 6 , 7 , 8 , 14 , 15 , 16 , 17 , 18 , 19)
3. limited scope of judicial review in public highway projects. (Para 20 , 21 , 22 , 23 , 24 , 25)
4. review of compensation valuation and tds applicability. (Para 26 , 27 , 28)

THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

WRIT PETITION Nos.35960 of 2013, 35961 of 2013, 35962 of 2013, 35963 of 2013, 35964 of 2013, 36034 of 2013, 36035 of 2013, 36036 of 2013, 36037 of 2013, 36038 of 2013, 36039 of 2013, 36040 of 2013, 36041 of 2013, 36042 of 2013, 36043 of 2013, 36044 of 2013, 36045 of 2013, 36046 of 2013, 36047 of 2013, 36048 of 2013, 36049 of 2013, 36050 of 2013, 36051 of 2013, 36052 of 2013, 36054 of 2013, 36055 of 2013, 36056 of 2013, 36057 of 2013, 36058 of 2013 and 1168 of 2014

COMMON ORDER :

Since the point involved in all the Writ Petitions is one and the same, at request of all the counsel, all the Writ Petitions are being disposed of, by way of this Common Order.

2. These Writ Petitions are filed seeking to declare the action of the respondents in not attaching the plan to the Notifications dated 30.11.2009, 27.07.2010 and 20.01.2012 and Publications dated 14.12.2009, 21.08.2010 and 07.03.2012 issued under Section 3A (1) & (2) of the National Highways Act, 1956 (for brevity ‘the Act, 1956’), in The Hindu daily newspaper, and in not following the procedure contemplated under Sections 3A, 3C, 3D, 3E, 3G (3), (4), (5) and (7) (a) and 3H of the Act, 1956 and the Amended Act 16 of 1997, as illegal and arbitrary, and consequently, set-aside the Publications, dated 14.12.2009, 21.08.2010 and 07.03.2012 issued under Section 3A (1) and (2) of the Act, 1956 and set-aside the Award No.43 2011 dated 29.05.2013 passed by 5th respondent.

3. Case of the Writ Petitioners is as follows.

(a) Vide Notification dated 30.11.2009, the Ministry of Road Transport and Highways, New Delhi, in exercise of powers conferred by sub-section (1) of Section 3A of the Act, 1956, for building (widening/six laning, etc) maintenance, management and operation of National Highways No.5, on the stretch of land from KM 1182.802 to KM 1307.900 (Chilakaluripet-Rudrakota Section), Prakasam District, expressed its intention to acquire the land falling within the proposed right of way of National Highway No.5 from KM 1182.802 to KM 1307.900 (Chilakaluripet-Rudrakota Section) in Prakasam District. Accordingly, a Gazette Notification under Section 3A (1) of the Act, 1956 was issued on 30.11.2009 and it was got published in The Hindu daily newspaper on 14.12.2009, declaring its intention to acquire the land for the said purpose; that as some portions of the land required for the said acquisition, were not mentioned in the said Publication, the other Publications dated 27.07.2010 and 20.01.2012 were issued and the same were published in The Hindu daily newspaper on 21.08.2010 and 07.03.2012, respectively.

(b) Subsequently, vide Notice dated 11.10.2013 under Section 3H (2) of the National Highway Laws (Amendment) Act, 1997, 5th respondent directed the Writ Petitioners to appear before them along with proof of title over the acquired lands, to receive the compensation amount. Vide Award No.43/2011/N.H.5, dated 29.05.2013, 5th respondent passed Award calculating the compensation for the extent acquired. The details are as under:

Sl. No.	Writ Petition No.	Survey No.	Extent covered by acquisition in Square Meters	Net Compensation awarded (Rupees)
1.	W.P.No.36048 of 2013 (Petitioners 3 in number)	580/1 (Petitioner No.1) 581/D (Petitioner No.1) 600/A/1 (Petitioner No.1) 580/1 (Petitioner No.2) 581/D (Petitioner No.2) 601/A/12/A (Petitioner No.3)	20.24 20.24 20.24 20.24 20.24 16.87	2,25,163-00 26,147-00 2,08,431-00 2,10,208-00 26,147-00 21,794-00
2.	W.P.No.36046 of 2013	549/C/2	70.84	14,71,271-00
3.	W.P.No.36047 of 2013	578/A/A1	40.48	4,39,119-00
4.	W.P.No.36039 of 2013

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