TMI Blog2019 (9) TMI 1699X X X X Extracts X X X X X X X X Extracts X X X X ..... ce shall give the particulars of the land and an opportunity is to be afforded to the land owner to appear in person or by his agent or by a legal practitioner before the competent authority before determining the compensation. The scheme of the amendment brought by the Act 16 of 1997, whereby Sections 3A to 3J have been inserted in the Act, 1956, clearly shows that the notification has to be published at three stages: first, under Section 3A(2) declaring intention to acquire the land and inviting objections; secondly, under Section 3D(2) for declaration to the effect that the land should be acquired and on such declaration the land vests absolutely in the Central Government; and thirdly, under Section 3G(3) a public notice is required to be published in two local newspapers inviting the claims from all the persons interested in the land - It is admitted case that only two notices have been published under Sections 3A and 3D of the Act, 1956. No other notice has been brought on the record by the authorities along with the counter affidavit. A Division Bench of this Court in the case of SHARDA YADAV VERSUS UNION OF INDIA AND 3 ORS. [ 2014 (7) TMI 1378 - ALLAHABAD HIGH COURT] ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ey are not using Plot Nos. 448, 257 and 450 for any agricultural purpose. Plot Nos. 448 and 450 were chak out during the consolidation proceedings due to their non-agricultural usage. It is stated that over Plot No. 257 the petitioners have constructed a permanent building, which is used as servant quarter and for keeping animals i.e. cows, buffaloes, etc. 3. The respondent no. 1, the National Highway Authority of India NHAI, has undertaken a project for widening of National Highway No. 7, from 98.640 Kms. to 140.265 Kms. in district Mirzapur (Varanasi- Hanumana Section). In this regard a notification under Section 3A of the Act, 1956 was published in the Gazette of India, Extraordinary, on 15th January, 2018. The petitioners' Plot Nos. 257, 448 and 450 admeasuring 0.0236, 0.0450 and 0.0260 hectares respectively were included in the said notification declaring the intention to acquire the land shown in the notification. The said notification was published in two newspapers, namely, 'Dainik Jagran' and 'Times of India' on 03rd February, 2018. Later the notification under Section 3D of the Act, 1956 was published on 02nd April, 2018. 4. The grievance of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pril, 2018 instead of Section 3G(3) the provision has been mentioned as 3D(1) and it was a mistake. 8. We have heard Sri Ravi Kant, learned Senior Advocate, assisted by Sri Shyam Narain Rai, learned counsel for the petitioners, and Sri Neeraj Dube, learned counsel for the first respondent- NHAI. 9. Learned counsel for the petitioners submitted that no notice under Section 3G(3) of the Act, 1956 has been published and the authorities have determined the compensation without inviting objection. The notice under Section 3G(3) of the Act, 1956 is mandatory, hence the entire proceeding for determining the compensation has caused serious prejudice to the interest of the petitioners. It was urged that the compensation awarded to the petitioners is totally inadequate and upon erroneous assumption, therefore, it is arbitrary exercise of power. Learned counsel for the petitioners has placed reliance on a judgment of a Division Bench of this Court in the case of Sharda Yadav v. Union of India and others, Writ-C No. 30046 of 2014, decided on 18th July, 2014. 10. Sri Neeraj Dube, learned counsel for the first respondent, submitted that the notice under Section 3G(3) of the Act, 1956 wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Central Government and the amount determined by the authority under Section 3G has been deposited, the competent authority may issue a notice to the owner, who is in possession, to surrender or deliver the possession to the competent authority or any person duly authorized by it. Section 3F gives a right to the authority to carry out maintenance, management or building of the national highways. 13. Under Section 3G the compensation is determined in respect of the land which is acquired. Sub-section (3) of Section 3G provides that before proceeding to determine the amount the competent authority shall give a public notice in two local newspapers, one of which will be in a vernacular language, inviting claims from all persons interested in the land to be acquired. 14. Since the present dispute is in respect of the requirement of publication of notice, Sections 3D and 3G of the Act, 1956, which are relevant for the purpose, are extracted below: 3D. Declaration of acquisition.--(1) Where no objection under sub-section (1) of section 3C has been made to the competent authority within the period specified therein or where the competent authority has disallowed the objection ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ime and place and to state the nature of their respective interest in such land. (5) If the amount determined by the competent authority under sub-section (1) or sub-section (2) is not acceptable to either of the parties, the amount shall, on an application by either of the parties, be determined by the arbitrator to be appointed by the Central Government. (6) Subject to the provisions of this Act, the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply to every arbitration under this Act. (7) The competent authority or the arbitrator while determining the amount under sub-section (1) or sub-section (5), as the case may be, shall take into consideration-- ( a) the market value of the land on the date of publication of the notification under section 3A; (b) the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the severing of such land from other land; (c) the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the acquisition injuriously affecting his other immovable property in any manner, or his earnings; ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h-11 of the counter affidavit it is stated that a gazette notification under Section 3D(2) [धारा 3घ उपधारा (2)] was made on 02nd April, 2018 and thereafter under Section 3G(3) before determination of compensation the notice has been published in two newspapers in 'Amar Ujala' and 'Indian Express' on 29th April, 2018, which have been brought on record as CA-1 to the counter affidavit. Paragraph-11 of the counter affidavit reads as under: 11. That the contents of paragraph 10 of the writ petition are not admitted. It is further stated that the notification no. 1316 of the acquire land of village Babura Bhairav Dayal published in the Gazette under Section 3D on 2.4.2018, thereafter under Section 3G(3) of NH Act before determination of the compensation notice has been published in two newspaper Amar Ujala and India Express on 29.4.2018. A true copy of the Gazette notification published on 29.04.2018 is being filed for kind perusal of this Hon'ble Court as Annexure No. CA-1 to this affidavit. 18. From a perusal of Paragraph-11 of the counter affidavit it is clear that no specific reply has be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it has been admitted that by mistake instead of Section 3G(3), Section 3D has been mentioned. 21. The scheme of the amendment brought by the Act 16 of 1997, whereby Sections 3A to 3J have been inserted in the Act, 1956, clearly shows that the notification has to be published at three stages: first, under Section 3A(2) declaring intention to acquire the land and inviting objections; secondly, under Section 3D(2) for declaration to the effect that the land should be acquired and on such declaration the land vests absolutely in the Central Government; and thirdly, under Section 3G(3) a public notice is required to be published in two local newspapers inviting the claims from all the persons interested in the land. 22. It is admitted case that only two notices have been published under Sections 3A and 3D of the Act, 1956. No other notice has been brought on the record by the authorities along with the counter affidavit. 23. As regards the averment that in the gazette notification by mistake instead of Section 3G Section 3D has been published, it is not acceptable. If there was a mistake in the publication in two newspapers on 29th April, 2018, the respondents ought to have is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... violation of Section 3-G of the Act as the award itself also nowhere recites that any such notice was published in the newspaper as required in the said provision. Consequently, the impugned award dated 30.4.2013 to the said extent is quashed. 25. We find that the facts of this case are squarely covered by the law laid down by the co-ordinate Bench decision of this Court in Sharda Yadav (supra). Similar argument was raised in that case also that notice under Section 3D be treated as notice under Section 3G. In the present case, it is admitted case of the respondents that by mistake in the notice under Section 3G(3), Section 3D was mentioned but no corrigendum has been issued. Moreover, the respondents have not brought on the record the notice dated 29th April, 2018 in spite of filing a supplementary counter affidavit. 26. For all the reasons mentioned above, we find that the award dated 19th September, 2018 passed by the second respondent under Section 3G of the Act, 1956 has been passed without following the procedure prescribed under Section 3G(3) of the Act, 1956, hence it is quashed to the said extent. We grant liberty to the petitioners to file objection in terms of S ..... X X X X Extracts X X X X X X X X Extracts X X X X
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