V. Saravanan vs Union of India (UOI) and Smt. Shanthi <BR>J. Rajan Babu, S. Priya and B. Ramya Vs Union of India and The Project Director <BR>J. Rajan Babu Vs Union of India and Others

Vinod K. Sharma, J.—The Petitioners in these writ petitions are the owners of the lands which is being acquired by the Respondent -

National Highways for its Project. Notice u/s 3-A of the National Highways Act, 1956 (shortly ""the Act"") was issued for acquiring the lands for

public purpose that is for building, maintenance, management and operation of the National Highway NH 68 project. The Petitioners filed

objections u/s 3-C of the Act, which were rejected by the competent authority. Though the Petitioners have also challenged the rejections, the

prayer in these writ petitions is for issuance of a writ in the nature of mandamus, directing the Respondents to give opportunity to the Petitioners to

place all the documents showing their right, title and interest for the lands under acquisition and also to permit them to lead evidence in support of

the market value of the land under acquisition on the date of notice u/s 3-A of the Act.

A reading of Section 3-G of the Act shows that for the lands which sought to be acquired under the Act, the land owner is to be paid an amount

to be determined by the competent authority.

Section 3-G of the Act further stipulates the payment of market value of the lands, on the date of publication or notification u/s 3-A of the Act.

The market value for the lands can only be determined after an opportunity given to the land owners and the State to prove the value of the

lands by producing relevant documentary and oral evidence in support thereof and also lead evidence about potentiality etc.

The market means the value which an intending seller would receive from the purchaser. It will therefore be necessary for the competent

authority to permit the land owners or the persons interested to produce the documentary evidence and other evidence in support of the market

value of the land.

This proposition is not disputed by the learned Additional Advocate General on behalf of the Respondent - National Highways Authority of

India.

In view of the stand taken by the Respondents, these writ petitions deserve to be allowed.

The Petitioners in addition to market value also claim solatium and interest, as provided under the Land Acquisition Act.

On the other hand, the stand taken by the Respondent - National Highways Authority of India is that in the absence of any provisions of the

grant of solatium and interest under the Act, the Petitioners are not so entitled.

It is not in dispute that the vires of the Section 3-A to 3-J of the Act which denies the benefit of solatium and interest is under challenge before

this Court. In order to resolve this controversy for the present the learned Additional Advocate General gives an undertaking at the Bar, on behalf

of National Highways Authority of India that in the event of the success of the writ petitions challenging the vires of the Act, or in the event of this

Court coming to the conclusion that the land owners would be entitled to solatium and interest also, then the same would also be paid to the

Petitioners herein, irrespective of disposal of these writ petitions at this stage.

In view of the undertaking given by the learned Additional Advocate General, these writ petitions are disposed of with a direction to the

competent authority, to determine the market value of the acquired land after permitting the Petitioners to produce documentary and oral evidence

in support of the claim of the market value.

It shall also be open to the Petitioners to place all the documentary evidence which are in their possession so as to enable the competent

authority to fix the market value on the date of issuance of notice u/s 3-A of the Act. The Respondents shall be bound by the undertaking given by

the learned Additional Advocate General with regard to the payment of solatium and interest.

This order shall not prevent the Petitioners from raising all the plea available to them, to challenge the vires of the Act, in the pending writ

petitions.

The parties through their counsels are directed to appear before the competent authority on 04.02.2011 at 10.00 a.m. with all relevant

evidence both documentary and oral.

With the above observation and direction, these writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are

closed.