Lands can only be acquired under the National Highways Act, 1956, if they form part of the approved alignment plan; inclusion of lands outside this plan in a Section 3A notification is legally unsustainable.

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THIS WRIT APPEAL AND QUASH AND SET ASIDE THE JUDGEMENT AND ORDER DATED:04.11.2024 OF THE LEARNED SINGLE JUDGE IN WP NO.21541/2023 AND ETC.,

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

The present intra Court appeal has been filed impugning the Order dated 04.11.2024 passed by the Writ Court in W.P.No.21541/2023.

The parties are referred to as per their ranking before the Writ Court, for the sake of convenience.

The petitioners before the Writ Court questioned the Notification issued under Section 3A of the National Highways Act, 1956, hereinafter referred to as 'the NH Act'. Under the said Notification, the lands of the petitioners bearing R.S.No.3/2 measuring 20 sq.mtr, R.S.No.3/4A1A measuring 121 sq.mtr., R.S.No.3/9A1 measuring 61 sq.mtr. and R.S.No.3/9A2 measuring 3 sq.mtr. of Mulur Village were notified for widening/two lane with paved shoulder/four laning, etc., maintenance, management and operation of Sunnur Bikarnakatte Section from existing Km 698.850 (Design Km 691+350) to existing Km 744.190 (Design Km 736+362) of NH169 (Old NH13) under Bharathmala Pariyojana on Hybrid Annuity Mode in the District of Dakshina Kannada in the State of Karnataka.

In Mulur Village, 36 Survey numbers of varying existing lands were notified. In the initial Notification issued on 16.03.2016 published by the Central Government under Section 3A of the NH Act, the petitioners' lands were not notified. An enquiry as contemplated was conducted after issuing Notification under Section 3A of the NH Act and thereafter, declaration under Section 3D of the NH Act was published on 15.03.2017. In the Notification dated 15.03.2017 issued under Section 3D of the NH Act, out of originally notified 36 survey numbers, only 04 survey numbers were included.

After issuing Notification under Section 3D of the NH Act on 15.03.2017, a representation was given to the Deputy Commissioner dated 22.08.2017 by the NHAI about the proposed alignment of the Highway and the Deputy Commissioner accorded his in-principle approval to the alignment of the road on 06.12.2017.

Pursuant to the approval granted by the Deputy Commissioner, the NHAI also accorded its approval to the alignment of the proposed road on 19.08.2019. After the approval was granted by the NHAI, the Central Government proceeded to issue a Notification under Section 3A of the Act on 09.01.2020 proposing to acquire various extents of lands. However, in this Notification also, petitioners lands were not included, so also in the Declaration which followed under Section 3D of the NH Act dated 10.07.2020.

As the matter stood thus, on 28.04.2023 another Notification under Section 3A of the NH Act was issued in which 15 survey numbers of Mulur Village were sought to be acquired. In this Notification of 2023, the lands of the petitioners were included. Challenging the Notification under Section 3A of the NH Act, the petitioners had filed the Writ Petition in which the impugned order has been rendered.

The Writ Court has painstakingly considered all the provisions and the manner in which the alignment of the road has been finalized and the fact that in three previous Notifications petitioners' lands were not included and were included only in the fourth Notification dated 28.04.2023, held that if the Central Government ordered to acquire the lands for widening of the National Highways secured in principle approval of the Deputy Commissioner and the NHAI had accepted the alignment as was proposed, the lands would be acquired only in terms of the approved alignment and not otherwise.

The Writ Court had also directed the NHAI to produce the original approved alignment plan and accordingly, the same was produced.