HIMANSHU KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition seeks the quashing of the notification dated 23 Aug. 2013 issued under Sec. 3D(1) of the National Highways Act 1956 that declares that the land specified in the Schedule should be acquired for building, maintenance, management and operation of National Highway No.232 on the Rae Bareli-Banda Sec. in the stretch of land between Km.245 to Km. 289.

(2.) A notification dated 14 Jan. 2013 was earlier issued under Sec. 3A (1) of the Act. It provided that the Central Government, after being satisfied that for the public purpose, land of which brief description was given in the Schedule, was required for the aforesaid purpose, declared its intention to acquire such land. It also provided that any person interested in the said land could, within twenty one days from the date of publication of the notification in the Official Gazette, object to the use of such land for the aforesaid purpose under Sec. 3C (1) of the Act. It also provided that any order made by the competent authority under Sec. 3C (2) of the Act would be final. The total area of land situated in 17 villages that was proposed to be acquired was 6.8168 hectares or 68168 sq.meters. This notification was published in the Official Gazette on 14 Jan. 2013 and in the two local newspapers on 14 Feb. 2013.

(3.) The petitioners claim to be co-tenure holders of plot no.1311 situated in village Mahokhar, Tehsil Sadar, District Banda. The area sought to be acquired of plot no.1311 which was indicated in the notification issued under Sec. 3-A (1) of the Act is 0.2461 hectares or 2461 sq. meters.