VINAYAK KRISHNARAO WAGHDHARE Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Shri A.S.Kilor, learned counsel for the petitioners, Shri V.A.Thakare, learned AGP for the respondent no.2 and Shri A.A.Kathane, learned counsel for respondent no.3

(2.) In exercise of the power conferred by sub-section (1) of Section 3-A of the National Highways Act, 1956, certain lands were acquired for building (widening) of National Highway no.7, including the Kamptee-Kanhan bypass on the stretch from Kilometers 689.00 to Kilometers 723.00 Mansar - Nagpur in Nagpur district. It was published in local newspapers "Dainik Lokmat" in Marathi and "Dainik Hitavada" in English on 04.04.2005. Subsequently, a Declaration in Gazette Notification under Section 3-D of the said Act was issued to acquire the lands, on 28.06.2005. It is claimed by respondent no.2 - the Deputy Collector - Land Acquisition Officer in the affidavit that such declaration was also published in "Dainik Lokmat" in Marathi and "Dainik Hitavada" in English on 03.04.2008.

(3.) The petitioners claim release of the lands owned by them from acquisition, which are part of Khasra Nos.241/4 to 241/7. In the 7/12 extracts their lands are shown to be mutated in the name of the Union of India through its National Highway No.7. This is also challenged. The petition also claims compensation to the tune of Rs.Ten lakhs for each piece of the land illegally acquired.