DILIP KUMAR JALLAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A.K. Rai, learned counsel for the petitioners; Ms. R. Bora, learned counsel representing the Ministry of Road Transport and Highways [MoRTH], Government of India [GoI] & the National Highways and Infrastructure Development Corporation Limited [NHIDCL] for the respondent nos. 1, 2 & 3; and Mr. P. Nayak, learned Standing Counsel, General Administration Department [GAD] for the respondent nos. 4 & 5.

(2.) As the issue involved in these 3 [three] writ petitions is same and the contesting parties are also same, all the 3 [three] writ petitions are taken up for disposal at the motion stage itself, at the request of the learned counsel for the parties considering the nature of the issue involved.

(3.) For the purpose of rehabilitation and upgradation of Dergaon Town Sec. of National Highway no. 37 from KM 426.800 to KM 437.400 to 4-Lane in the State of Assam on Engineering, Procurement and Construction [EPC] basis, a land acquisition process on permanent basis was initiated by the Ministry of Road Transport and Highways [MoRTH], Government of India [GoI] under the provisions of the National Highways Act, 1956. The process was initiated with a number of Notifications including Corrigenda, issued and published in the year 2020 under Sec. 3A of the National Highways Act, 1956. After following the procedures prescribed under the National Highways Act, 1956, the Notifications required to be published under Sec. 3D of the National Highways Act, 1956 had also been issued and published. With the issuance and publication of the declaration under Sec. 3D, the acquired land vested absolutely in the Central Government free from all encumbrances. The possession of the parcels of land so acquired, have also been taken over by the Central Government and the Competent Authority - Land Acquisition [CALA], appointed under Sec. 3[a] of the National Highways Act, 1956 has also passed Awards under Sec. 3G[1] of the National Highways Act, 1956 in favour of the persons whose lands have been so acquired.