National Highways Act, 1956 — Sections 3A, 3D & 3G — Publication of notifications — Requirement of publication in two local newspapers — No requirement of minimum circulation — Publication in vernacular newspaper with local circulation sufficient. Land acquisition — Allegation of mala fides — Non-joinder of necessary parties — Bald allegations — Unsustainable. Vesting of land — Section 3D — Effect — Absolute vesting in Central Government upon Gazette notification. Writ Appeal — Interference with Single Judge’s order — Grounds — None made out. Held: Publication of notifications under Sections 3A and 3G of the National Highways Act, 1956 in one English newspaper and one vernacular newspaper circulated in the locality satisfies statutory requirements; absence of proof of minimum circulation does not vitiate acquisition. Allegations of mala fides without impleading concerned parties or furnishing particulars cannot be entertained. (Paras 12 to 16)

advocatemmmohan

National Highways Act, 1956 — Sections 3A, 3D & 3G — Publication of notifications — Requirement of publication in two local newspapers — No requirement of minimum circulation — Publication in vernacular newspaper with local circulation sufficient.

Land acquisition — Allegation of mala fides — Non-joinder of necessary parties — Bald allegations — Unsustainable.

Vesting of land — Section 3D — Effect — Absolute vesting in Central Government upon Gazette notification.

Writ Appeal — Interference with Single Judge’s order — Grounds — None made out.

Held:
Publication of notifications under Sections 3A and 3G of the National Highways Act, 1956 in one English newspaper and one vernacular newspaper circulated in the locality satisfies statutory requirements; absence of proof of minimum circulation does not vitiate acquisition. Allegations of mala fides without impleading concerned parties or furnishing particulars cannot be entertained.
(Paras 12 to 16)

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FACTS (As emerging from the Judgment)

1. The appellants were owners of small extents of land situated in Renigunta / R. Mallavaram villages, Tirupati District, which were required for construction of National Highway-71 (Six Lane Project). (Paras 3 & 4)

2. Initially, notifications issued in 2018 for acquisition of lands for the highway did not include the lands of the appellants. (Para 4)

3. During pendency of the writ petitions filed by the appellants complaining of construction without acquisition, fresh notifications dated 03-11-2022 were issued, followed by Gazette publication dated 15-12-2022, covering the appellants’ lands. (Paras 4 & 11)

4. Notifications under Section 3A and notices under Section 3G(3) were published in:

   • “The Hindu” (English) and

   • “Prajasakti” (Telugu) newspapers. (Paras 11 & 13)

5. The appellants contended before the learned Single Judge that:

   • The publication in “Prajasakti” was invalid due to low circulation, and

   • Acquisition of their lands was mala fide, intended to benefit third parties whose lands were earlier acquired. (Paras 7 & 8)

6. The learned Single Judge dismissed all four writ petitions by common order dated 04-11-2023, leading to the present writ appeals. (Para 9)

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ISSUES FOR CONSIDERATION

1. Whether publication of notifications under Sections 3A and 3G of the National Highways Act, 1956 in a vernacular newspaper with alleged low circulation violates statutory requirements.

2. Whether allegations of mala fides in land acquisition proceedings can be sustained without impleading affected parties or furnishing material particulars.

3. Whether interference with the common order of the learned Single Judge was warranted.

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LAW CONSIDERED

• Sections 3A, 3D & 3G, National Highways Act, 1956

• Principles governing mala fide pleadings in writ jurisdiction

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ANALYSIS & REASONING OF THE COURT

Publication under Sections 3A & 3G

The Division Bench noted that:

• Section 3A(3) requires publication in two local newspapers, one of which must be in the vernacular language.

• The statute does not prescribe any minimum circulation requirement. (Para 12)

The Court observed that:

• Notifications were published in “The Hindu” and “Prajasakti”.

• The appellants did not dispute that “Prajasakti” is circulated in the local area.

• The contention of “minimal circulation” does not amount to violation of statutory mandate. (Para 13)

Effect of Section 3D Notification

The Court reiterated that upon publication of notification under Section 3D, the land vests absolutely in the Central Government, leaving no residual right in the landowner except to claim compensation. (Para 12)

Allegations of Mala Fides

The Court agreed with the Single Judge that:

• No particulars were furnished explaining how acquisition of appellants’ lands would benefit third parties.

• Persons against whom mala fides were alleged were not impleaded. (Para 14)

Additionally, the Court reasoned that:

• Third parties’ lands had already vested in the State pursuant to earlier acquisition.

• Acquisition of appellants’ lands would not result in return of already vested lands.

• The plea of mala fides was therefore illogical and unsustainable. (Para 15)

Scope of Appellate Interference

The Division Bench held that no legal infirmity or perversity was demonstrated in the order of the learned Single Judge warranting interference in writ appeal. (Para 16)

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FINAL ORDER / DIRECTIONS

1. All Writ Appeal Nos.160, 161, 163 & 165 of 2024 were dismissed. (Para 16)

2. The common order dated 04-11-2023 passed by the learned Single Judge was affirmed.

3. No order as to costs.

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RATIO DECIDENDI

Publication of notifications under Sections 3A and 3G of the National Highways Act, 1956 in a vernacular newspaper circulated in the locality satisfies statutory requirements even if circulation is alleged to be minimal; allegations of mala fides in land acquisition proceedings cannot be sustained without impleading concerned parties or substantiating the plea.