LAWS(SC)-2023-7-21

VINOD KUMAR Vs. DISTRICT MAGISTRATE MAU

Decided On July 07, 2023
VINOD KUMAR Appellant
V/S
DISTRICT MAGISTRATE MAU Respondents

JUDGEMENT

(1.) This appeal is at the instance of unsuccessful original writ petitioners and is directed against the order passed by a Division Bench of the High Court of Judicature at Allahabad dtd. 28/2/2020 in Writ­C No. 7310 of 2020 by which the High Court rejected the writ application filed by the appellants taking the view that the District Magistrate is competent to look into the legality and validity of the order passed by the Special Land Acquisition Officer (for short, 'SLAO') under Sec. 3G(5) of the National Highways Authority Act, 1956 (for short 'the Act 1956').

(2.) The Central Government issued a notification dtd. 23/1/2015 in exercise of power under Sec. 3A(1) of the Act 1956 proposing to acquire few parcels of land situated in the District Mau for the purpose of four lane widening of the National Highway No. 29. The said notification included the land bearing Gat Nos. 158, 160 and 161 resply of the village Ahirani Bujurg, District Mau (UP).

(3.) In the aforesaid context, a further notification dtd. 21/1/2016 was issued under Sec. 3D of the Act 1956 declaring that the land as aforestated would be acquired for the public purpose. Upon issuance of such notification, the land vested in the Central Government.