- (1.) Writ Petition No. 11246 of 2014 has been filed for quashing the communication dated 27 January 2014 sent by the Project Manager / In-charge Project Director, National Highways Authority of India to the Additional District Magistrate / Competent Authority, Jalaun in connection with the proceedings initiated for acquisition of land by publication of the notification issued under Section 3-A(1) of the National Highways Act, 1956 in the Official Gazette on 28 December 2012. The petitioners have also sought a relief that the respondents should issue the declaration under Section 3-D(1) of the Act by treating it to be within one year from the date of publication of the Section 3-A(1) notification.
(2.) Writ Petition No. 23362 of 2017 has been filed by the National Highway Authority of India for a direction upon the Additional District Magistrate (Finance Revenue), Jaulan to process the proposed fresh 3-A(1) notification so that it can be published in the Official Gazette since the earlier 3-A(1) notification ceased to have any effect as the declaration under Section3-D(1) of the Act was not published within one year from the date of publication of Section 3-A(1) notification.
(3.) The records indicate that the notification under Section 3-A(1) of the Act was published in the Official Gazette on 28 December 2012. The said notification mentions that the Central Government, after being satisfied that for the public purpose, the land of which description was given in the Schedule was required for building (widening/six/four laning etc.), maintenance, management and operation of National Highway-25 on the stretch of land from Kms. 242.00 to Kms. 244.600 (Orai-Bhognipur Section) Jalaun, declares its intention to acquire such land. The notification further mentions 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 for the aforesaid purpose under Section 3-C(1) of the Act. The area of the land was proposed to be acquired was indicated 8.505 hectares. The notification under Section 3-A(1) of the Act was also published in the two Newspapers on 27 February 2013 as contemplated under Section 3-A(3) of the Act.;