N. NETHRAVATHI Vs. NATIONAL HIGHWAYS AUTHORITY OF INDIA

JUDGEMENT

(1.) This intra court appeal arises out of an order dtd. 2/4/2014 passed by learned Single Judge by which writ petition filed by the appellant seeking quashment of the notification dtd. 1/8/2008 to the extent it relates to 958 and 480 square meters of land of Sy.No.29/1 situate at K.R.Puram Village, Bangalore East Taluk, has been dismissed.

(2.) Facts giving rise to filing of this appeal in nutshell are that the land measuring 3573 square meters of Sy.No.29/1 of which the appellant was the owner was acquired under the provisions of National Highways Act, 1956 (hereinafter referred to as 'the Act' for short). It is the case of the appellants that 1438 square meters of land was neither utilized nor the possession of the land was taken. The appellant therefore, submitted a representation to the respondents to withdraw from the acquisition proceedings. According to the appellant, the respondents had also made a recommendation to the Central Government to withdraw from the acquisition. The appellant therefore, filed a writ petition seeking inter alia a writ of certiorari for quashment of notification dtd. 1/8/2008 as well as a writ of mandamus to respondents to withdraw from the acquisition as the national highway including the service roads have been formed and the land was not required for any other purpose.

(3.) The learned Single Judge vide impugned order inter alia held that the respondents have deposited the amount of compensation. The learned Single Judge further held that even if the land which is acquired is not utilized, the same would not revert to the appellant. However, the learned Single Judge directed that interest at the rate of 6% per annum from the date of possession in be paid to the appellant on the amount of compensation in relation to land measuring 2056 square meters and interest at the rate of 6% per annum shall be pad in respect of remaining land measuring 1438 square meters. Accordingly, the petition was disposed of. In the aforesaid factual background, this appeal has been filed.