The competent authority under the National Highways Act, 1956, must adhere to the mandatory procedure of hearing and deciding objections under Section 3C before the Central Government declares the land acquired under Section 3D.

Order

1. The present writ petition has been filed by the petitioner with the following prayers:

“It is therefore, most respectfully prayed that your lordships may graciously be pleased to call for the record, examine the same and allow the writ petition by issuing an appropriate writ, order or direction-

i. Issue an appropriate writ, order or direction, thereby quashing and setting aside the impugned notification dated 28.11.2025 issued by the respondents under the provisions of the National Highways Act, 1956, to the extent it pertains to the land of the petitioner situated at Village Dhanturi, Tehsil Mahuwa, District Dausa bearing khasra No. 655/4 (eariler Khasra No. 4/4);

ii. Issue an appropriate writ, order or direction directing the respondents to consider and decide the objections filed by the petitioner under Sections 3A and 3C of the National Highways Act, 1956 in a fair, reasonable and time bound manner after affording an opportunity of personal hearing;

iii. Issue an appropriate writ, order or direction directing the respondents to reconsider the alignment of the proposed highway/bypass and to explore alternative routes avoiding residential Municipal areas including Village Thekra and Dhanturi in accordance with the Mahwa Master Plan-2038;

iv. Issue an appropriate writ, order or direction directing the respondents to conduct inquiry in the ongoing survey reporting for the Mahwa Bypass by the PWD;

v. Issue an appropriate writ, order or direction the respondents may be directed to pay the compensation looking to the value of the land being commercial i.e. value of the land being commercial i.e. khasra No. 655/4 and the loss of livelihood of the petitioner specially keeping in view the fact that the petitioner is widowed cancer patient and belongs to ST Community; or the petitioner may be offered land of equivalent value of commercial use within the nearby open government land in lieu of land being acquired from the petitioner.

vi. Any other order or direction as may be deemed just and proper in the facts and circumstances of the case and in favour of the humble petitioner be also passed.

Vii. Cost of the Writ Petition may kindly be awarded in favour of the petitioner.”

2. Mr. Prem Shankar Sharma, learned counsel appearing for the petitioner submits that the respondents are proceeding ahead with the acquisition proceedings in defiance of the provisions of Section 3C of the National Highways Act, 1956 (hereinafter referred to as “the Act of 1956”) as despite objections having already been made by the petitioner on 16.12.2025 (Annexure-11), till date no opportunity of hearing has been granted to the petitioner as envisaged under Section 3C(2) of the Act of 1956, much less to decide the said objections.

3. Learned counsel for the petitioner further submits that while, on the one hand, the adjudication of the objections has been kept pending, on the other hand, the respondents have proceeded ahead with the issuance of the notice inviting bid dated 12.01.2026 (Annexure-12) in furtherance of the very same acquisition proceedings. Thus, learned counsel submits that the respondents may be directed to consider and decide the objections strictly in accordance with the provisions governing the acquisition proceedings.

4. A bare perusal of Section 3C and Section 3D of the Act of 1956 makes it manifest that the objections so made by any person are required to be decided in the manner as provided under the said provisions. For reference Section 3C and Section 3D of the Act of 1956 read as under:-

“3C. Hearing of objections .—(1) Any person interested