National Highways Act, 1956 — Ss. 3-A, 3-C, 3-D, 3-G — Objections to acquisition — Failure to consider objections — Issuance of 3-D declaration and 3-G notices without disposal of objections — Impermissibility — Violation of principles of natural justice — Notifications set aside to that extent — Matter remitted for fresh enquiry. Land acquisition — Right of hearing — Opportunity of hearing — Mandatory — Opportunity of hearing akin to fundamental right. (Paras 7–8)

advocatemmmohan

National Highways Act, 1956 — Ss. 3-A, 3-C, 3-D, 3-G — Objections to acquisition — Failure to consider objections — Issuance of 3-D declaration and 3-G notices without disposal of objections — Impermissibility — Violation of principles of natural justice — Notifications set aside to that extent — Matter remitted for fresh enquiry.

Land acquisition — Right of hearing — Opportunity of hearing — Mandatory — Opportunity of hearing akin to fundamental right.

(Paras 7–8)

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FACTS 

1. The writ petition was filed seeking a declaration that the action of the respondents, particularly the Revenue Divisional Officer / Competent Authority, in not disposing of the objections dated 08-04-2022 filed pursuant to Section 3-A notification dated 14-03-2022 (S.O.1147(E)), is illegal and arbitrary. (Para 1)

2. The petitioners are owners of land in Sy.No.2 of Venkappakota Revenue Village, Madanapalle Mandal, Annamayya District, proposed for acquisition for expansion of NH-71. (Paras 1–2)

3. Counter affidavits were filed by respondent Nos.1 to 3 stating that:

   • Objections filed by the petitioners on 08-04-2022 were mixed up with another bundle;

   • Consequently, no notice under Section 3-C(2) was issued to the petitioners;

   • However, enquiry was conducted for 11 other objectors on 31-05-2022. (Para 2)

4. Counter affidavits of respondent Nos.5 and 6 stated that:

   • Section 3-A notification was issued on 14-03-2022;

   • Section 3-D notifications were issued on 07-09-2022;

   • Publication under Section 3-G(3) and (4) was made on 13-10-2022;

   • After award, notices under Sections 3-E and 3-H would be issued. (Para 3)

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SUBMISSIONS OF COUNSEL

5. Learned counsel for the petitioners submitted that:

   • Petitioners’ land measuring Ac.1-85 cents in Sy.No.2 was notified under Section 3-A;

   • Objections dated 08-04-2022 were filed;

   • No enquiry whatsoever was conducted on those objections. (Paras 4–5)

6. Learned Standing Counsel for NHAI and learned Assistant Government Pleader fairly submitted that:

   • Objections of the petitioners could not be considered due to reasons stated in the counter affidavits;

   • Yet, Section 3-D and Section 3-G notifications were issued. (Paras 6–7)

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ISSUE FOR CONSIDERATION

7. Whether the respondent authorities could proceed with issuance of Section 3-D declaration and Section 3-G notices without considering the objections filed by the petitioners under Section 3-C of the National Highways Act, 1956.

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ANALYSIS & FINDINGS OF THE COURT

8. The Court recorded that it is admitted that:

   • Petitioners submitted objections on 08-04-2022 to the Section 3-A notification dated 14-03-2022;

   • Those objections were not considered due to administrative lapse. (Para 7)

9. The Court held that:

   • Proceeding further by issuing notifications under Sections 3-D and 3-G (3) & (4) without considering objections is impermissible;

   • The authority is duty-bound to consider objections objectively;

   • If necessary, opportunity of hearing must be afforded. (Para 7)

10. The Court observed that:

    • Even though acquisition is for public purpose,

    • Opportunity of hearing is mandatory;

    • The Hon’ble Supreme Court has reiterated that opportunity of hearing is akin to a fundamental right. (Para 7)

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FINAL ORDER / DIRECTIONS

11. The writ petition was disposed of with the following directions: (Para 8)

a. Notifications issued under Sections 3-D and 3-G (3) & (4) of the National Highways Act, 1956 were set aside, only in respect of the petitioners’ land measuring Ac.1-85 cents in Sy.No.2 of Venkappakota Village.

b. The Joint Collector / CALA (Respondent No.5) shall:

• Conduct fresh enquiry;

• Issue notices to the petitioners;

• Pass appropriate orders strictly in accordance with law.

c. No order as to costs.

d. Pending miscellaneous petitions, if any, shall stand closed.

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RATIO DECIDENDI

Issuance of declaration under Section 3-D and consequential proceedings under Section 3-G of the National Highways Act without considering objections filed under Section 3-C is impermissible in law; opportunity of hearing is mandatory and its denial vitiates the acquisition process to that extent.