UNION OF INDIA Vs. KUSHALA SHETTY

JUDGEMENT

(1.) Leave granted.

(2.) The National Highways Act, 1956 (for short, the 1956 Act) was enacted by Parliament to provide for the declaration of certain highways as national highways and for matters connected therewith. Sections 3A to 31 of the 1956 Act contains a comprehensive scheme for the acquisition of land for the building, maintenance, management or operation of a national highway or part thereof and determination of amount payable as compensation and other related issues.

(3.) In exercise of the power vested in it under Section 3A(1) of the 1956 Act, the Central Government issued notification dated 10.8.2005 for the acquisition of land in 18 villages of the Mangalore Taluk of the State of Karnataka for widening of National Highway No. 17 from Km.358/000 to Km.375/300, National Highway No. 48 from Km.328/000 to Km.345/000 and National Highway No. 13 from Km.743/900 to Km.745/000. The notification contained names of the concerned villages, the survey number including its particular parcel number, nature, type and area of land proposed to be acquired. In the notification it was clearly mentioned that land plans and other details of the land are available and can be inspected at the office of the Special Land Acquisition Officer, Karnataka Industrial Area Development Board, Baikampady, Mangalore (hereinafter referred to as the Competent Authority). It was also mentioned that any person interested in the lands may file objection before the Competent Authority within 21 days from the date of publication of the notification in the official Gazette. The notification was published in the official Gazette dated 10.8.2005. Simultaneously, the substance of the notification was published in two newspapers, namely, "Deccan Herald" and "Udayavani".