Under the National Highways Act, 1956, the government cannot reduce the area of acquired land or change the compensation determined without following the required legal process.
This Court in the light of the conclusions arrived at supra, is of the considered opinion that the respondents have no power to reduce the extent of land and determine the compensation in respect of the same. Therefore, the Notification dated 11.10.2022 is declared as illegal, lacking in statutory power or authority and is accordingly set aside.Accordingly, the Writ Petition is partly allowed. The authorities shall take necessary action in the matter for issuing fresh Notification under Section 3G of the Act in consonance with the Notification issued under Section 3A of the Act and determine the compensation payable to the petitioners in accordance with Law.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI NINALA JAYASURYA, J. W.P. No. 34565 of 2022 DECIDED ON : 21-09-2023 Vanacharla Venkata Krishna Rao and others Vs. Union of India, rep. by its Secretary to Government of India, Ministry of Road, Transport and Highways, New Delhi and others
12/17/20241 min read