ABDUL SALAM Vs. DISTRICT COLLECTOR KUDAPPANAKKUNNU

JUDGEMENT

(1.) The main prayers in W.P.(C).No.40426/2018 are as follows:

(2.) Heard the learned counsel for the petitioner, the learned Assistant Solicitor General of India, the Standing Counsel appearing for the National Highway Authority of India and the learned Government Pleader.

(3.) It is submitted by the learned counsel for the petitioners that though the notification for acquisition of land in terms of Section 3A of the National Highways Act,1956, has been issued for acquiring specified extent of property, measurements and further steps are being taken in respect of larger extent of property belonging to the petitioners. The learned counsel for the petitioners submits that no acquisition in excess of the property specified in the notification can be carried out in terms of the specific provisions contained in Section 3 of the Act. Learned counsel also submits that the provisions with regard to fixing of compensation as provided in the Schedules to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,2013 are to be given effect to in the case of acquisition under the Act as well. 4. A detailed counter affidavit has been filed on behalf of respondents 2 and 4 in WP(C) No.29657 of 2018. Paragraph 7 specifies that the extent of land shown in Ext.P3 is only approximate and the exact area required is to be ascertained by detailed survey by the respondents. It is specifically stated that if more land is required than notified in Ext.P3 from the petitioners, then the same will be acquired only after publication of fresh Section 3A(1) notification under the Act for acquiring additional extent of land required. It is stated that Section 3D notification will be only for what is notified under Section 3A and the omitted portion of land will be acquired only after publishing fresh notification in terms of Section 3A .