National Highways Act — Land acquisition — Taking possession beyond notified extent — Without acquisition proceedings or compensation — Impermissibility. Direct purchase — Acquisition of land missed in notification — Condition precedent — Payment of compensation — Protection of possession till completion. Constitution of India — Article 300-A — Deprivation of property — Authority of law mandatory. Held: Land required for highway purposes but omitted from notification cannot be taken possession of without acquisition or direct purchase and payment of compensation; till such process is completed, landowner cannot be dispossessed. (Paras 4 to 6)

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National Highways Act — Land acquisition — Taking possession beyond notified extent — Without acquisition proceedings or compensation — Impermissibility.

Direct purchase — Acquisition of land missed in notification — Condition precedent — Payment of compensation — Protection of possession till completion.

Constitution of India — Article 300-A — Deprivation of property — Authority of law mandatory.

Held:
Land required for highway purposes but omitted from notification cannot be taken possession of without acquisition or direct purchase and payment of compensation; till such process is completed, landowner cannot be dispossessed.
(Paras 4 to 6)

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FACTS (As emerging from the Order)

1. The petitioner is the owner of land admeasuring Ac.0.37½ cents in Survey No.163-A of Gannevaripalle Grama Panchayat, Tadipatri Village and Mandal, Ananthapuram District. (Para 3)

2. Out of the said land, an extent of Ac.0.23 cents was acquired by the respondent authorities for laying 544-D National Highway from Ananthapur to Amaravathi. (Para 3)

3. The grievance of the petitioner was that the respondent authorities were contemplating to take possession of the remaining extent of Ac.0.14½ cents in Survey No.163-A1B, which was beyond the land notified, without initiating land acquisition proceedings and without paying compensation. (Paras 1 & 3)

4. Apprehending dispossession without authority of law, the petitioner approached this Court seeking protection of possession and appropriate directions. (Paras 1 & 3)

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SUBMISSIONS OF THE PARTIES

Petitioner

The learned counsel for the petitioner submitted that:

• The remaining extent of Ac.0.14½ cents was not covered under the acquisition notification.

• Without initiating acquisition proceedings or fixing compensation, the respondent authorities cannot lay the road or dispossess the petitioner.

• Till compensation is fixed and paid, the petitioner’s possession must be protected. (Paras 3 & 5)

Respondents (NHAI)

The learned Standing Counsel for the National Highways Authority of India submitted that:

• The said extent of Ac.0.14½ cents is also required for widening of the road.

• The land was missed in the notification inadvertently.

• The authorities propose to acquire the land through direct purchase by paying compensation.

• Till compensation is paid, the authorities would not interfere with the petitioner’s possession. (Para 4)

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ISSUE FOR CONSIDERATION

Whether the respondent authorities can dispossess the petitioner or lay the road in respect of land not covered by acquisition notification, without completing acquisition or direct purchase and payment of compensation.

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ANALYSIS & REASONING OF THE COURT

1. The Court considered the short grievance of the petitioner that land beyond the notified extent was sought to be taken without acquisition or compensation. (Para 1)

2. The Court took note of the categorical submission of the Standing Counsel for NHAI that:

   • The land was missed in the notification.

   • The authorities intend to acquire the same through direct purchase.

   • Possession would not be taken until compensation is paid. (Para 4)

3. The Court also considered the submission of the petitioner that no road work can be undertaken till compensation is fixed and paid. (Para 5)

4. Taking into account the consensus between the parties, the Court found it appropriate to issue protective directions at the admission stage itself. (Para 6)

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FINAL ORDER / DIRECTIONS

1. The respondent authorities were directed to acquire the subject land, namely Ac.0.14½ cents in Survey No.163-A1B, through direct purchase and pay compensation accordingly. (Para 6(i))

2. Till such exercise is completed, the respondent authorities were directed not to dispossess the petitioner from the subject land. (Para 6(ii))

3. The Writ Petition was disposed of.

4. No order as to costs.

5. Interlocutory applications, if any, were ordered to stand closed. (Para 7)

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RATIO DECIDENDI

Land not covered by an acquisition notification cannot be taken possession of for National Highway purposes without completing acquisition or direct purchase and payment of compensation; till such lawful process is completed, the landowner’s possession is entitled to protection under Article 300-A of the Constitution of India.