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Analysing the retrieved Case Laws
Scanned Judgements…!
Land Not Included in Notification under Sections 3A and 3D - Main points and insights:
Section 2 of the National Highways Act, 1956 declares specified highways as National Highways and states that the Central Government acquires land for highway development, which is then vested in the government ["A.LEELA vs UNION OF INDIA - Kerala"].
Land not included in the notification or not described properly cannot be acquired or used for highway development, and any attempt to do so can be challenged in court ["THIRUVARATTUKAVU DEVI (A PERPETUAL MINOR) Vs UNION OF INDIA - Kerala"], ["ABDUL RAHIM, Vs THE UNION OF INDIA, - Kerala"].
Analysis and Conclusion:
The primary requirement for land acquisition under Sections 3A and 3D is that the land must be specifically included in the notification issued under Section 3A, with clear description and extent.
References:
Land acquisition for infrastructure projects like national highways is a common source of disputes in India. Property owners often worry about whether their land automatically becomes government property once notifications are issued under the National Highways Act, 1956 (NH Act). A frequent question arises: Can land not included in notifications under Sections 3A and 3D of the National Highways Act accrue to the acquiring authority?
The short answer, based on judicial precedents, is no. Land omitted from these notifications typically remains with the original owner unless a fresh, valid notification specifically includes it. This post explores the legal framework, key court findings, and practical implications for landowners and authorities. Note: This is general information drawn from case law and statutes; it is not legal advice. Consult a qualified lawyer for your specific situation.
The NH Act empowers the Central Government to acquire land for national highways. Section 3A allows the government to issue a preliminary notification declaring intent to acquire specific land, inviting objections from affected parties. Section 3D follows with the final declaration of acquisition after hearing objections.
These notifications must precisely describe the land, including boundaries, survey numbers, and area, to ensure transparency and fairness. Without this specificity, the process risks invalidation. Courts emphasize that acquisition is strictly limited to the notified land Competent Authority VS Barangore Jute Factory - 2005 8 Supreme 120.
Land not specified in the Sections 3A and 3D notifications does not automatically vest in the State or the acquiring authority, such as the National Highways Authority of India (NHAI). Ownership rights persist with the original owner until a subsequent valid notification explicitly covers that land Dharmaratnam VS Union of India - 2019 0 Supreme(Ker) 340.
Key points include:- Notifications under Section 3A must detail the land sufficiently for owners to understand and object to what they stand to lose Competent Authority VS Barangore Jute Factory - 2005 8 Supreme 120.- Only expressly notified land vests upon Section 3D declaration; excess or omitted land requires a new process.- Courts have invalidated attempts to acquire unnotified land without fresh notifications FELIX BABU vs NATIONAL HIGHWAY AUTHORITY OF INDIA - 2019 Supreme(Online)(KER) 40406.
A valid Section 3A notification must enable identification of the exact land at stake. As held in a key judgment: The least that is required in such cases is that the acquisition notification should let the person whose land is sought to be acquired know what he is going to lose. The impugned notification in this case is, therefore, not in accordance with the law. Competent Authority VS Barangore Jute Factory - 2005 8 Supreme 120
Further: Wherever the acquisition is of a portion of a bigger piece of land, an acquisition notification issued u/s 3A of the National Highways Act is required to convey to the persons claiming interest in the land the description of the land sought to be acquired. Competent Authority VS Barangore Jute Factory - 2005 8 Supreme 120
Absence of details like plans or precise boundaries can render notifications defective. For instance: A reference to the impugned Notification shows that there is no mention of any Plan. Without this how can anybody know that there was a Plan which could be inspected and inspected where? Competent Authority VS Barangore Jute Factory - 2005 8 Supreme 120
Only described land is acquired. Unmentioned portions stay with the owner. The Supreme Court reinforced: No land shall be taken from the petitioners in excess of land notified under S.3A without issuing a fresh notification under S.3A. Dharmaratnam VS Union of India - 2019 0 Supreme(Ker) 340
This principle prevents arbitrary expansion of acquisition scopes.
Several High Court decisions align with this view, stressing procedural adherence:
In a Kerala High Court case, petitioners challenged possession of properties not included in the Section 3A(1) notification. The court ruled: Acquisition beyond specified parameters requires a new notification and statutory compensation FELIX BABU vs NATIONAL HIGHWAY AUTHORITY OF INDIA - 2019 Supreme(Online)(KER) 40406.
Another ruling clarified that Section 3A notifications stand independently and do not require prior Section 2 declarations for highways, but excess land needs fresh action: If there is any land acquired in excess, certainly, they will resort to issue a fresh 3A notification under the National Highways Act. PRAMOD vs CHAIRMAN - 2019 Supreme(Online)(KER) 61295
Courts have dismissed challenges where due process was followed but upheld limits on notified land, rejecting arbitrary alignment changes without proper notifications PUTHIYAPURAYIL GOVINDHAN vs UNION OF INDIA - 2019 Supreme(Online)(KER) 70954.
These cases underscore that while acquisitions for public purpose like highway widening are upheld (e.g., NH-47 or NH-17), they cannot exceed notified boundaries without restarting the process N.K.PARAMESWARAN vs THE UNION OF INDIA - 2020 Supreme(Online)(KER) 17816.
Compensation disputes, often arising post-notification, further highlight limits. Arbitral awards under Section 3G are reviewed narrowly under the Arbitration Act, but only for notified land Ramadas VS National Highway Authority of India - 2019 Supreme(Ker) 238National Highway Authority of India VS Arbitrator-District Collector Jaipur Rajasthan - 2018 Supreme(Raj) 758.
While the rule is strict, exceptions may apply:- Subsequent Notifications: A new Section 3A/3D process can include previously omitted land legally.- Alignment Changes: If justified and notified properly, minor adjustments may proceed, but courts scrutinize for arbitrariness PUTHIYAPURAYIL GOVINDHAN vs UNION OF INDIA - 2019 Supreme(Online)(KER) 70954.- Possession Issues: Authorities cannot take unnotified land; owners can seek remedies like writs FELIX BABU vs NATIONAL HIGHWAY AUTHORITY OF INDIA - 2019 Supreme(Online)(KER) 40406.
No automatic or implied accrual exists—every acquisition demands explicit notification.
Infrastructure development is vital, but so are property rights. Stay informed, act swiftly, and seek professional guidance to navigate NH Act acquisitions effectively.
References:1. Competent Authority VS Barangore Jute Factory - 2005 8 Supreme 120: Stresses specific descriptions and no accrual without notification.2. Dharmaratnam VS Union of India - 2019 0 Supreme(Ker) 340: Limits acquisition to notified land.3. FELIX BABU vs NATIONAL HIGHWAY AUTHORITY OF INDIA - 2019 Supreme(Online)(KER) 40406, PRAMOD vs CHAIRMAN - 2019 Supreme(Online)(KER) 61295, and others as cited.
#NationalHighwaysAct, #LandAcquisition, #NHAILaw
As per Section 2 of the National Highways Act, 1956, each of the highways specified in the Schedule in the Act is declared to be a National Highway.Section 2 of the National Highways Act is extracted hereunder: “2. ... The Central Government acquires the land needed for the development of the national highways mainly under the provisions of the National #HL_STAR....
for acquisition included the land belonging to him or not. ... In this batch of writ petitions, petitioners who are the land owners are challenging the land acquisition proceedings initiated by the National Highways Authority of India (for short 'NHAI' ) and are seeking for declaring S.3A, S.3C, S.3D, S.3E, S.3F, S.3G & S.3J of the National Highways Act, 1956 (for ... n....
The notification issued under Section 3A is for acquiring land. This is the first step for the formation of the National Highway. Merely because the land is acquired for National Highway, it will not become a National Highway, unless it is notified in accordance with the National Highways Act. ... (6) In the notification published it is not clear as to whether any portion of my ....
The notification issued under Section 3A is for acquiring land. This is the first step for the formation of the National Highway. Merely because the land is acquired for National Highway, it will not become a National Highway, unless it is notified in accordance with the National Highways Act. ... (6) In the notification published it is not clear as to whether any portion of my ....
The National Highways Act, 1956 - S.3A - Without furnishing details as contemplated under S.19(2), no notification under S.3D shall ... nbsp;Statement of facts: ... Whether a notification issued under S.3A ... court: ... (i) The petitioners` challenge regarding the validity of S.3A ... JUDGMENT : ... In these cases, the principle issue that arises for consideration is whether a notification issued under S.3A of the Nationa....
National Highways Act, 1956 is as follows : National Highways Act, 1956 , they are estopped from questioning the subsequent declaration of acquisition made under Section 3D of the Act. Again, we do not agree. The authority is obliged to demonstrate before this Court that the notification issued under Section 3A(1) of National Highways Act, 1956 and the consequential not....
The fact remains that the appellants do not even now possess any documents to prove the market value of the land acquired on the date of publication of the notification under S.3A of the Highways Act. They had not produced any documents in the District Court in that regard. ... These two documents will not help the appellants to prove the market value of the acquired land on the date of publication of the #HL_START....
The complaint of the petitioner is that respondents, more particularly, respondents 4 & 5 have taken possession of the properties of the petitioners, which are not only included in Sec.3A(1) notification issued under the National Highways Act, 1956, but also the ... It is submitted by the learned counsel for the petitioners that though the notification for acquisition of land in terms of Section 3A of the National Highways....
National Highways Act, 1956 , which read thus: National Highways Act, 1956 in the Government of India Gazette as per S.O.3552 (E) dated 08.11.2017 and substances of notification were published in 2 local dailies. ... National Highway- 17 is uniformly mentioned in all notifications. As per Section 2 of the National Highways Act, 1956 , each of the highways specified in the Schedu....
issued under Sec.3A of the National Highways Act, 1956 to acquire a land for the purpose of National Highway is illegal or not in the absence of a declaration under Sec.2 of the Act. ... The learned Standing counsel would submit that if there is any land acquired in excess, certainly, they will resort to issue a fresh 3A notification under the National Highways Act. That submiss....
Still further, the expression which has been used ïs “for the building, maintenance, management or operation of a national highway”. While interpreting the provisions of the Act, effort must be made to assign a meaning to each word used by the legislature while keeping in mind the object sought to be achieved. In other words, any piece of land which is required for building or operation of a National Highway can be included in the notification under Section 3A of the Act. Even if, as projected by the learned counsel representing the petitioner, both the provisions are read ....
The nature of the land as submitted as Barani-3 in the report of the Competent Authority was based on available revenue records, based on which the notification under section 3-D of the N.H. 4. On 30.10.2009, Central Government issued a notification under section 3D of the National Highways Act, 1956 that by the notification of 3-A the acquired land in question bearing khasra no. 1877/2000 containing 1300 Square meter, Khasra No.1885 containing 1200 Square meter, Khasra No.1894 containing 700 Square meter, Khasra No. 1895 containing 2800 Square meter, Khasra No. 1896 contai....
Accordingly, by a notification issued under section 3D of the National Highways Act, 1956 which was published on 11.11.2005, the land of the respondent herein was acquired. 4. Pursuant to a notification under section 3 of National Highways Act, 1956 on 13.04.2005, no objection was received from any of the land owners affected by the said notification. As per the notification dated 13.04.2005, published in the Gazette of India on 19.04.2005, the Additional Deputy Commissioner, Morigaon district was appointed as the competent authority for hearing the objections.
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