GRAM NIYOJAN KENDRA Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition, at the instance of Gram Niyojan Kendra and two others, seeks the quashing of the notification dated 8 August 2011 issued under Section 3A of The National Highways Act, 1956 (the Act) as also the declaration dated 7 August 2012 issued under Section 3D of the Act. The petitioners have also sought the quashing of the award and the supplementary award dated 22 June 2013 and 29 June 2013 that were made under Section 3G (1) of the Act. An alternative relief that has been claimed, if the acquisition is upheld, is that compensation for the acquired land should be calculated in accordance with the provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (the 2013 Act).

(2.) The main object of petitioner No.1, which claims to be a Society registered under the provisions of The Societies Registration Act, 1860 is to facilitate the process of development. Petitioner No. 2 claims to be the Secretary-cum-Executive Director of the Society while petitioner No. 3 claims to be the founder Secretary (Honorary) of the Society. A plot measuring 2972 sq. mts. of land forming part of Khasra No. 1221 in village Dasna, District Ghaziabad was purchased by the Society and the petitioners by a registered sale deed dated 21 April 1989. The Society purchased 0.2530 sq. mts. of land while petitioner Nos. 2 and 3 purchased 0.0442 sq. mts. of land.

(3.) The Central Government, in exercise of powers conferred under Section 3A(1) of the Act, issued a notification dated 8 August 2011, after being satisfied that the land, a brief description of which was given in the Schedule, was required for a public purpose namely building, maintenance, management and operation of Delhi-Meerut Expressway on a stretch of land from Km 8.260 to Km 28.000 of National Highway No. 24 and Km 28.000 to Km. 53.000 of Delhi-Meerut Expressway (new alignment) and the connecting link from Delhi-Meerut Expressway to National Highway No. 58 (from Km. 0.000 to Km. 5.350 of the link) in District Ghaziabad, declared its intention to acquire such land. The notification also provided that any person interested in the land could, within 21 days from the date of publication of the notification in the Official Gazette, object to the use of such land. Every such objection had to be made to the Competent Authority namely, The Additional District Magistrate (Land Acquisition), Joint Organization, Ghaziabad (the Competent Authority) in writing and the Competent Authority after giving the objector an opportunity of being heard and after hearing all such objections and after making such further enquiry was considered necessary, by order, either allow or disallow the objections. The notification also provided that the land plans and other details of the land covered under the notification were available and could be inspected by any interested person in the office of the Competent Authority. The Schedule to the notification contained a brief description of the land to be acquired with or without structure. It specified the name of the district, the name of the Taluka (Tehsil), the name of the village, the Survey Number, type of land, nature of land and area of the land both in square meters and hectares. The substance of the notification issued under Section 3A(1) of the Act was also published in two newspapers namely 'Hindustan Times' and 'Dainik Jagran' on 14 September 2011.