THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.4906 OF 2004 Date:03.02.2011 Between: Malla Satyanarayana .. Petitioner And The Special Collector/Land Acquisition Officer, National High Way Division-5, Marripalem, Visakhapatnam District .. Respondent THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.4906 of 2004 ORDER: The petitioner is resident of Kottapalem in Visakhapatnam District. He is allegedly owner of the land admeasuring Ac.0.47 cents in Survey No.110/2 of Kasimkota Village and Mandal in Visakhapatnam District, having purchased the same under a registered document No.G.200, dated 05.08.1982. It is his case that after purchasing the property, he constructed a Cinema Theatre, namely, M/s.Bhavani Theatre, in 1985 in an extent of Ac.0.40 cents. In the year 1989, he raised a shopping complex of nine shops in the remaining land adjacent to the theatre and facing National Highway No.5 (NH No.5). On 20.09.2001, the respondent published notification under Section 3(1) of the National Highways Act, 1956 (the Act, for brevity) proposing to acquire the land to an extent of Acs.3.71 cents along with the buildings in Survey No.110/2. The petitioner then made a representation on 12.06.2002. Probably, in response thereto, the first respondent issued a letter dated 16.07.2002 informing that the land in Survey No.110/2 owned by the petitioner is not included in the land acquisition proposals for NH No.5. The petitioner then made a representation on 19.02.2003 requesting for survey, in vain. The petitioner contends that as per notification dated 20.09.2001 published by the respondent on 15.10.2001, the land admeasuring Acs.3.71 cents in Survey No.110/2 was proposed for acquisition and therefore any acquisition without payment of compensation is unconstitutional. The respondent filed counter affidavit stating that the land in Survey No.110/2 is not covered by NH No.5 and that the same was informed to the petitioner on 16.07.2002 and 21.04.2003. Even though the land in Survey No.110/2 was mentioned in the notification under Section 3-A of the Act, due to change in alignment, the land and buildings in Survey No.110/2 were not acquired. It is further stated that the land in Survey No.110/2 is classified as Gramakantam (village site poramboke), that the shopping complex constructed before Bhavani Theatre was dismantled by Roads and Buildings Department, that the land covered by Bhavani Theatre was not acquired and that no compensation need to be paid to the petitioner. The petitioner has filed reply affidavit denying the counter averments. It is stated that as per the revenue records i.e., the 10(1) Adangals of the village, the land in Survey No.110/B is in his name and that he has not encroached on the Government land. The petitioner, however, does not deny or dispute the counter averments that though the land was proposed for acquisition in the notification under Section 3A of the Act, subsequently, it was not acquired due to change of alignment. National Highways Authority (NHA) is constituted under Section 3 of the National Highways Authority of India Act, 1988. It consists of a Chairman, not more than five full time members and not more than four part-time members. Section 16 of the NHAI Act enumerates functions of the said authorities, inter alia, to survey, develop, maintain and manage highways and to take all such necessary steps as may be necessary for convenience or may be incidental to the exercise of any power or the discharge of any function conferred or imposed by the Act. The power to acquire the land for building, maintenance, management or operation of National Highway or part thereof, however, is vested in the Central Government. Under Section 3A of the Act they may by a notification in the official gazette authorize an Officer to be “competent authority” to perform the functions for such area as may be specified in the notification. A perusal of Sections 3A to 3I of the Act prescribe the procedure for acquiring the land for the purpose of building and maintenance of National Highways. The acquisition proceedings commence with declaration of intention of the Central Government to acquire the land for building and/or maintenance of National Highway. Such declaration shall be made under Section 3A(1) of the Act in the Official gazette giving brief description of the land. The competent authority appointed under Section 3A of the Act shall cause the substance of the notification to be published in two local newspapers including one in vernacular language. The second stage is the inspection and survey of the land after the issue of notification under Section 3A(1) of the Act. Such survey/inspection can be done by a person authorized by the Central Government in that behalf. The third stage involves hearing of objections under Section 3C of the Act. A person who is interested in the land declared under Section 3A(1) of the Act is required to file objections within twenty one days from the date of publication of the notification under Section 3A(1) of the Act, to the competent authority setting out the grounds. There is no requirement of issuing personal notice to the persons interested. But after receiving objections, the competent authority has to afford an opportunity to the objector of being heard either in person or legal practitioner. After hearing such objections and making enquiry, the objections can either be allowed or rejected. When an order is made after hearing the objections, it shall be final. In the fourth stage, the competent authority shall submit a report to the Central Government after disallowing the objections, if any, or when no objections are received under Section 3C(1) of the Act. After receiving the report, the Central Government shall declare by notification in the Official gazette that the land should be acquired for the purpose of building and/or maintenance of a National Highway. The publication of the notification under Section 3D(1) of the Act is conclusive, and the land shall vest absolutely in the Central Government free from all encumbrances. The publication of declaration under Section 3D(1) of the Act is subject to condition that it shall be made within a period of one year from the date of publication of notification under Section 3A(1) of the Act or else it will lapse and shall cease to have any effect. In the fifth stage, three things happen one after the other. The first one is determination and deposit of the amount of compensation payable for the land acquired. Sections 3G and 3H of the Act provide that the competent authority shall determine the amount payable to the landowner after giving notice published in two local newspapers including one vernacular newspaper inviting claims from all persons. The amount so determined under Section 3G of the Act shall be deposited in the manner provided by the rules. When once this is done it shall be competent for the competent authority or any other person authorized by him to take possession under Section 3E of the Act whereafter it shall be lawful for any person authorized by the Central Government to enter upon the land for carrying out the building and/or maintenance of National Highway. Thus the publication of declaration under Section 3D(1) of the Act is only conclusive circumstance that the land proposed for acquisition by publishing notification under Section 3A(1) of the Act is required for development of National Highway. The petitioner has not filed any material like declaration for acquisition under Section 3D of the Act in support of his contention that the land in Survey No.110/2 was acquired. In the absence of the same, the plea of the petitioner cannot be accepted. The writ petition fails and is accordingly dismissed. There shall be no order as to costs. ________________ (V.V.S. RAO, J) 03.02.2011 KH