V SARAVANAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners in these writ petitions are the owners of the lands which is being acquired by the respondent - National Highways for its Project. Notice under Section 3-A of the National Highways Act, 1956 (shortly "the Act") was issued for acquiring the lands for public purpose that is for building, maintenance, management and operation of the National Highway NH 68 project. THE petitioners filed objections under Section 3-C of the Act, which were rejected by the competent authority. Though the petitioners have also challenged the rejections, the prayer in these writ petitions is for issuance of a writ in the nature of mandamus, directing the respondents to give opportunity to the petitioners to place all the documents showing their right, title and interest for the lands under acquisition and also to permit them to lead evidence in support of the market value of the land under acquisition on the date of notice under Section 3-A of the Act.

(2.) A reading of Section 3-G of the Act shows that for the lands which sought to be acquired under the Act, the land owner is to be paid an amount to be determined by the competent authority.

(3.) THE market means the value which an intending seller would receive from the purchaser. It will therefore be necessary for the competent authority to permit the land owners or the persons interested to produce the documentary evidence and other evidence in support of the market value of the land.