SANTOSH DEVI AGRAWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Since all the petitions involve common question of law and common facts, they are being disposed of by this common order.

(2.) Petitioners are land holders whose lands have been notified for acquisition under Section 3A and 3D of the National Highways Act, 1956 (hereinafter referred to as the Highways Act) for widening and construction of by -pass including four laning of National Highway No.43 (new N.H.No.30) Raipur ­ Dhamtari section.

(3.) Assailing the notifications (Annexure P/5 and P/10), it is argued by the learned counsel for the petitioners that the said notification is not in conformity with the provisions contained in Section 3A of the Highways Act, therefore, it deserves to be quashed. It is vehemently urged that in the absence of details of part of the land belonging to the petitioners, which is sought to be acquired, they have been denied opportunity to raise objection, as provided under Section 3C of the Act and thus there has been violation of principles of natural justice, which has rendered the entire exercise illegal and arbitrary. Reliance is placed in the matter of Competent Authority vs. Barangore Jute Factory and others, (2005) 13 SCC 477.