Court No. - 33
Case :- WRIT - C No. - 35560 of 2018 Petitioner :- Sushil Tirpathi Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Surendra Nath Mishra,Manoj Kumar Dubey Counsel for Respondent :- C.S.C.,A.S.G.I.,Sudhanshu Srivastava
Hon'ble Manoj Misra,J. Hon'ble Mahboob Ali,J.
Heard learned counsel for the petitioner; learned Standing Counsel or respondents 3,4 and 5 and perused the record.
The petitioner has challenged the impugned notification issued under Section 3-A(1) of National Highways Act, 1956 dated 04.04.2018 proposing to acquire land for National Highway-76. Petitioner has also challenged the notification issued under Section 3-D of the National Highways Act, 1956 dated 17.07.2018.
Admittedly, the petitioner did not file any objection under sub-section (1) of Section 3-C of National Highways Act, 1956 upon publication of the notification under sub-section (1) of Section 3-A of National Highways Act, 1956.
It is not disputed that the notification under sub-section (1) of Section 3-A of National Highways Act, 1956 was duly published as per law. The only ground taken in the writ petition is that the petitioner was working as Lecturer in a school at Lucknow and was therefore not aware of the publication of notification under sub-section (1) of Section 3-A of National Highways Act, 1956.
Merely because a person is residing elsewhere and therefore could not file objection by itself can not be a ground to challenge the notification issued under Section 3-D of the National Highways Act, 1956, inasmuch as, objections can be taken within the period specified under sub-section (1) of Section 3-C upon publication of notification under section 3A(1) of the Act, 1956. It is not disputed that there was due publication under sub- section (1) of Section 3-A of the Act. Further, sub-section (2) of Section 3- D specifically provides that upon publication of the declaration under sub- section (1), the land shall vest absolutely in Government free from all encumbrances.
Under the circumstances, no relief, as prayed for, can be granted to the petitioner. The petitioner may claim for compensation before the authorities concerned.
With the aforesaid liberty, writ petition is disposed off.
Order Date :- 26.10.2018 T.S.