GIRJABAI Vs. UNION OF INDIA

JUDGEMENT

(1.) CHALLENGING the publication made by the National Highways Authority, a statutory authority created under the National Highways Act, 1956 hereinafter referred to as the "Act of 1956" and contending that the notifications for acquisition of land is undertaken contrary to the requirements of Section 3 -C and 3 -D of the Act, 1956, this writ petition is filed.

(2.) PETITIONERS herein claim to be owners and cultivating the land in question as detailed in Para -5.1 of the writ petition. Respondents have initiated action for construction of the National Highway No.26 (kha) namely, Chhindwara Bypass and for the said purpose, a notification under Section 3 -A of the Act of 1956 has been issued indicating the intention and particulars of the land as expressed in the notification. A copy of the notification was published in the daily newspaper Dainik Bhaskar vide Annexure -P1 on 9.7.2011.

(3.) SHRI Jaideep Sirpurkar, learned counsel for the petitioners took me through the provisions of the Act and contended that under Section 3 -C, Sub -Section 2, hearing of the objections of the petitioners is a statutory right and as this statutory right is violated and as no opportunity of hearing is granted to the petitioners, it is stated that the entire action stands vitiated.