OGARCHAND JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has assailed the Preliminary Notification dated 29.04.2014 issued under Section 3-A and Final Notification dated 20.4.2015 issued under Sub- Section(2) of Section 3D of the National Highway Act, 1956 ('Act 1956' for short), by the respondent No.2, so far as the petitioner is concerned.

(2.) By way of an amendment, challenge is made to the inclusion of the Act, 1956 in Schedule IV of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short 'Act, 2013') and to the award dated 28.02.2017 passed by respondent No.5.

(3.) The petitioner is the Chairman of Trust - Shri Ogarchand Ghewarchandji Jain Trust and claims that he was the absolute owner of the petition properties. The Ministry of Road Transport & Highways has issued a Notification under Section 3A of the Act, 1956 proposing to acquire various lands for the purpose of widening/six lane National Highway No.48 (old NH 4) in the stretch of 29.50 kms to 75 kms in the District of Bangalore Rural and Tumkur Districts.