Case Note & Summary
The petitioners, owners of agricultural lands in Kanhan, Nagpur, filed a writ petition under Article 226 of the Constitution seeking release of their lands from acquisition proceedings initiated under the National Highways Act, 1956, for widening of National Highway No.7. The acquisition process began with a notification under Section 3A published in local newspapers on 04.04.2005, followed by a Section 3D declaration published in the Gazette on 28.06.2005 and in newspapers on 03.04.2008. The petitioners claimed that their lands were not required for the highway project and sought their release. The respondents, including the Union of India, the Deputy Collector (Land Acquisition), and the NHAI, opposed the petition primarily on the ground of delay and laches, pointing out that the petition was filed in 2017, about 12 years after the Section 3D declaration and after the award under Section 3G had been passed and possession of the land had been taken. The court, after hearing the parties, held that the petition suffered from gross delay and laches. The court noted that the petitioners had not challenged the acquisition proceedings at any earlier stage and had allowed the land to vest in the Union of India free from all encumbrances. The court also observed that the petitioners had not made out any exceptional circumstances to condone the delay. Consequently, the court dismissed the writ petition, upholding the acquisition and rejecting the claim for release of the lands.
Headnote
A) Land Acquisition - National Highways Act, 1956 - Delay and Laches - Challenge to Acquisition - Petitioners sought release of lands from acquisition under Sections 3A and 3D of the National Highways Act, 1956, after a delay of about 12 years from the Section 3D declaration and after award under Section 3G was passed and possession taken - Held that the petition is liable to be dismissed on the ground of delay and laches as the petitioners failed to challenge the acquisition proceedings within a reasonable time and the land had vested in the Union of India free from all encumbrances (Paras 4-6).
Issue of Consideration
Whether the petitioners are entitled to seek release of their lands from acquisition under the National Highways Act, 1956, after a delay of about 12 years from the date of the Section 3D declaration and after the award under Section 3G had been passed and possession taken.
Final Decision
The writ petition is dismissed on the ground of delay and laches. The petitioners are not entitled to any relief.
Law Points
- Delay and laches
- Land acquisition under National Highways Act
- Vesting of land
- Section 3A
- Section 3D
- Section 3G
- National Highways Act
- 1956
