- (1.) This petition seeks the quashing of the notification dated 23 August 2013 issued under Section 3D(1) of the National Highways Act 19561 that declares that the land specified in the Schedule should be acquired for building, maintenance, management and operation of National Highway No.232 on the Rae Bareli-Banda Section in the stretch of land between Km.245 to Km. 289.
(2.) A notification dated 14 January 2013 was earlier issued under Section 3A (1) of the Act. It provided that the Central Government, after being satisfied that for the public purpose, land of which brief description was given in the Schedule, was required for the aforesaid purpose, declared its intention to acquire such land. It also provided that any person interested in the said land could, within twenty one 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 3C (1) of the Act. It also provided that any order made by the competent authority under Section 3C (2) of the Act would be final. The total area of land situated in 17 villages that was proposed to be acquired was 6.8168 hectares or 68168 sq.meters. This notification was published in the Official Gazette on 14 January 2013 and in the two local newspapers on 14 February 2013.
(3.) The petitioners claim to be co-tenure holders of plot no.1311 situated in village Mahokhar, Tehsil Sadar, District Banda. The area sought to be acquired of plot no.1311 which was indicated in the notification issued under Section 3-A (1) of the Act is 0.2461 hectares or 2461 sq. meters.;