VITTAL R. SATHARKAR AND ORS. Vs. THE UNION OF INDIA AND ORS.

JUDGEMENT

(1.) In these batch of writ petitions, petitioners who are the land owners are challenging the land acquisition proceedings initiated by the National Highways Authority of India (for short NHAI ) and are seeking for declaring Section 3A, 3C, 3D, 3E, 3F, 3G & 3J of the National Highways Act, 1956 (for short NH Act ) as being unconstitutional and are also seeking for quashing of the notification dated 27.02.2013 issued by the Union of India (for short UOI ) in exercise of the power vested under Section 3A of the Act in respect of the lands situated in Karwar Taluk, Uttar Kannada District for purposes of widening National Highway No.66 (formerly National Highway No.17) and also the consequential notification dated 07.02.2014 issued under Section 3D of the Act.

(2.) For the public purpose of building (widening four laning etc.,), maintenance, management and operation of National Highway No.66 (formerly National Highway No.17) on the stretch of land from km 93/700 to km 283/300 (Goa-Karnataka Border to Kundapur reach) in Panaji-Mangalore Section in the district of Uttar Kannada and Udupi in the State of Karnataka, the Ministry of Road Transport and Highways in exercise of the powers conferred by sub-section (1) of Section 3-A of NH Act issued notification bearing No.482 (E) dated 27.02.2013 by publishing the same in Official Gazette proposing acquisition of the lands mentioned in the Schedule therein. The substance of said notification was also published in local newspapers namely, Deccan Herald English Daily and Vijaya Karnataka Kannada Daily on 10.06.2013 as required under Section 3A(2) of NH Act.

(3.) I have heard the arguments addressed by Sri Soli Sorabjee and Sri Guru Krishna Kumar, learned Sr.Advocates appearing on behalf of Sri F V Patil and Sri A S Patil , learned Advocates appearing on behalf of petitioners and Sri Padmanabha Mahale, learned Sr.Advocate appearing along with Sri R V Naik for NHAI and the competent authority, Sri Mruthyunjaya Tata Bangi, learned Central Government Standing Counsel, Smt.Vidyavathi and Sri Keshava Reddy, learned AGAs appearing for the State.