UNION OF INDIA Vs. VEERAPPA

JUDGEMENT

(1.) The present writ appeal has been filed by the appellant Union of India and another against the order dtd. 26/10/2010 passed by the learned Single Judge in WP.No.3758/2008 between Veerappa and Union of India and Another.

(2.) The facts of the case reveal that for the purpose of widening the existing Highway to four lane from km 28.200 to km 110.000 on National Highway - 48 (Nelamangala - Hassan Sec. ), the Ministry of Shipping, Road Transport and Highways in exercise of powers conferred by sub-sec. (1) of Sec. 3A of the National Highways Act, 1956 (hereinafter referred to as Act of 1956), issued a notification dtd. 17/11/2006 declaring its intention to acquire the lands mentioned in the schedule therein to ensure availability of right of way of 60 metres. The aforesaid notification was issued after carrying out proper survey and after obtaining necessary technical advice from the experts on the subject.

(3.) The substance of the notification was published in the Times of India on 22/12/2006 and in Kannada Prabha again on 21/12/2006 and the respondent before this Court (petitioner) filed his objections under Sec. 3-C of the Act of 1956. After hearing the objections, the objections raised by the respondent were disallowed keeping in view the fact that the acquisition of the land was based on the alignment of the proposed four lane of National Highway - 48 (hereinafter referred to as NH-48) and the land was being acquired for public purpose. After disallowing the objections, in accordance with sub-Sec. (2) of Sec. 3-C of the Act of 1956, the National Highway Authority submitted its report in accordance with Sec. 3-D(1) of the Act of 1956 to the Central Government. The Central Government in exercise of powers conferred by virtue of Sec. 3-D of the Act of 1956 issued a final notification in October, 2007.