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Bhika Reghiwale   28 August 2020

Land Query

National highway. ACT 1956.

1[3. Definitions.—In this Act, unless the context otherwise requires,—

(a) “competent authority” means any person or authority authorised by the Central Government, by notification in the Official Gazette, to perform the functions of the competent authority for such area as may be specified in the notification;

(b) “land” includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth.]

1[3A. Power to acquire land, etc.—

(1) Where the Central Government is satisfied that for a public purpose any land is required for the building, maintenance, management or operation of a national highway or part thereof, it may, by notification in the Official Gazette, declare its intention to acquire such land.

(2) Every notification under sub-section (1) shall give a brief descripttion of the land.

(3) The competent authority shall cause the substance of the notification to be published in two local newspapers, one of which will be in a vernacular language.]

1[3B. Power to enter for survey, etc.—On the issue of a notification under sub-section

(1) of section 3A, it shall be lawful for any person, authorised by the Central Government in this behalf, to—

(a) make any inspection, survey, measurement, valuation or enquiry;

(b) take levels;

(c) dig or bore into sub-soil;

(d) set out boundaries and intended lines of work;

(e) mark such levels, boundaries and lines placing marks and cutting trenches; or

(f) do such other acts or things as may be laid down by rules made in this behalf by that Government.]

1[3C. Hearing of objections.—

(1) Any person interested in the land may, within twenty-one days from the date of publication of the notification under sub-section (1) of section 3A, object to the use of the land for the purpose or purposes mentioned in that sub-section.

(2) Every objection under sub-section (1) shall be made to the competent authority in writing and shall set out the grounds thereof and the competent authority shall give the objector an opportunity of being heard, either in person or by a legal practitioner, and may, after hearing all such objections and after making such further enquiry, if any, as the competent authority thinks necessary, by order, either allow or disallow the objections. Explanation.—For the purposes of this sub-section, “legal practitioner” has the same meaning as in clause (i) of sub-section (1) of section 2 of the Advocates Act, 1961 (25 of 1961


My query is :-

Whether above sub section 1[3C (1)   of  law is  pertaining to the 

Any notice issued under section  1[3 A

OR

Only notice issued under sub section 1[1 A (3 ) 

OR  Any objection raised under qbove section 1[3 B ?

Please clarify the law.

And also explain 

Can any objection can be heard  after 21 days of time , if any interested person or Highway officer pointed out late & the same under  1[3B  ?

 


Learning

 3 Replies

P. Venu (Advocate)     29 August 2020

You have not posted the material facts.

Dr J C Vashista (Advocate)     30 August 2020

Be brief and specific if you are seeking an obligation of experts on this platform.

j sudhakar (professional )     31 August 2020

post your query properly


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