MANO ALEX Vs. UNION OF INDIA

JUDGEMENT

(1.) The above writ petition is filed challenging Ext.P1 notification issued under Sec. 3A of the National Highways Act, 1956 (in short 'the Act, 1956'). Going by Sec. 3A of the Act, 1956 the acquisition could be made if the land is required for a public purpose, for the building, maintenance, management or operation of a national highway or part thereof and the contention of the petitioner is that the present acquisition is not for any of the purposes mentioned in Sec. 3A of the Act, 1956 and therefore, the proceedings initiated as per Ext.P1 is liable to be interfered with. It is seen that subsequently the petitioner restricted the reliefs to the extent of seeking a direction to the NHAI to acquire the small portion of land left out from the 3A notification as the same cannot be utilised by the petitioner for any other purpose and to pay compensation for the acquired land treating the property as "purayidom".

(2.) When the matter came up for consideration on 17/7/2020 this Court clarified that the National Highway Authorities are entitled for 3D publication, but they were injuncted from taking further action after the 3D publication, without obtaining further orders from this Court. Later a subsequent order was issued on 20/8/2020 wherein this Court has observed that the petitioner's genuine concern is that the remaining land will be rendered useless and if that portion of the land is also acquired, her grievance will be redressed to a certain extent. Thereupon the petitioner's request was directed to be addressed by the Project Director for acquiring the remaining land which cannot be utilised by the petitioner for any purpose or to refix the alignment, so that the petitioner is able to use the balance land and also directed that appropriate decision shall be taken by the Project Director.

(3.) The learned Standing Counsel appearing for the National Highway Authority would submit that the issue was considered, and the Authority has decided to acquire the balance land, for which a fresh notification is to be issued.