Land acquisition in tribal areas requires prior consultation with Gram Panchayat under PESA Act, adhering to constitutional mandates.

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. The petitioners herein who are the land holders/owners of different survey numbers comprising of three villages namely village Lilchha, village Khalvad and village Mau (Navalpura), District Aravalli seek to challenge the validity of the notifications under Section 3A and 3D of the National Highways Act, 1956 dated 19.09.2024 and 16.01.2025; respectively, for widening of NH-168G in the stretch of land from kilometer 104.4 to kilometer 129.775, in the District Aravalli.

2. The main crux of argument of the learned counsel for the petitioners is that the acquisition proceedings are contrary to the mandate of Article 243M of the Constitution of India inasmuch as, the land in question lies in a tribal area and before making such acquisition, prior consultation with the concerned Gram Panchayat in accordance with the provision of the Panchayat (Extension to Scheduled Areas) Act, 1996 [for short referred to as ‘The PESA Act’], was necessary.

3. The contention is that the PESA Act, 1996 has been enacted to meet out the constitutional mandate under Article 243M of the Constitution of India for safeguarding interest of the tribal community. It is contended that the petitioners herein whose lands are acquired under the National Highways Act, 1956 belong to tribal communities.

4. Taking note of the above, we may record that Mr. Maulik Nanavati, learned advocate has put in appearance on behalf of the National Highways Authority of India. As the acquiring body is the National Highways Authority of India and the acquiring authority is the Union of India which is represented through the Office of Additional Solicitor General of India, we find that they are the contesting respondents, insofar as the validity of the acquisition notifications are concerned.

5. Both the aforesaid respondents are granted four weeks time to file a categorical reply to the writ petition separately, specifically to the arguments of the learned counsel for the petitioners that there has been no consultation with the Gram Sabha concerned. As the acquisition is under-way and the notification under Section 3D has already been issued on 16.01.2025, we provide that the process of determination of compensation in accordance with the provisions of Section 3G shall continue. However, the possession of the petitioners over the lands-in-question shall not be disturbed till the next date of hearing.