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Judgment
The petitioner, who is a senior citizen aged 81 years, whose property has been acquired for widening of the National Highway, invoking the provisions under the National Highways Act, 1956, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P3 notice dated nil issued by the 2nd respondent competent authority. The petitioner has also sought for a writ of prohibition restraining the 2nd respondent from dispossessing the petitioner and demolishing the residential building without providing 60 days time, i.e., time upto 31.05.2021 as per the statutory prescription. The grievance of the petitioner is that, though sub-section (1) of Section 3E of the National Highways Act provides 60 days time to leave the premises, the 2nd respondent competent authority reduced the notice period to 15 days in Ext.P3.
Heard the learned counsel for the petitioner, the learned ASGI for the 1st respondent, the learned Government Pleader for respondents 2, 4 and 5 and also the learned Standing Counsel for the National Highway Authority of India for respondents 3 and 6.
The issue that arises for consideration in this writ petition is as to whether the 2nd respondent competent authority is justified in limiting the notice period to 15 days in Ext.P3 notice, despite the specific requirement of sub-section (1) of
Sub-section (1) of Section 3E of the Act deals with power to take possession. As per sub-section (1) of Section 3E, where any land has vested in the Central Government under sub-section (2) of Section 3-D, and the amount determined by the competent authority under Section 3-G with respect to such land has been deposited under sub-section (1) of Section 3-H, with the competent authority by the Central Government, the competent authority may by notice in writing direct the owner as well as any other person who may be in possession of such land to surrender or deliver possession thereof to the competent authority or any person duly authorised by it in this behalf within sixty days of the service of the notice.
Therefore, while issuing Ext.P3 notice, the 2nd respondent cannot reduce the notice period to 15 days contrary to the requirements in sub-section (1) of Section 3E of the Act. In such circumstances, this writ petition is disposed of by setting aside Ext.P3 notice, to the above extent, and by providing the petitioner 60 days' time from the date of receipt of Ext.P3 notice, i.e., till 31.05.2021 to give vacant possession.