Sanjeev Kumar Sharma & others Vs Union of India and others (Orissa High Court)
The Orissa High Court examined a writ petition challenging the legality of a notification issued under Section 3A(1) of the National Highways Act, 1956 for land acquisition relating to the Bhubaneswar–Puri National Highway project. The petitioners contended that the alignment of the road was altered illegally after the initial notification dated 30.11.2009 and that objections considered for such change were filed beyond the statutory period prescribed under Section 3C. They also alleged mala fide intent, claiming the alignment change was made to benefit specific individuals.
The Court noted that the initial notification under Section 3A was published in the Gazette on 30.11.2009, while its substance was published in local newspapers on 14.01.2010. It held that the 21-day period for filing objections under Section 3C must be calculated from the date of publication in local newspapers. Accordingly, objections filed on 03.02.2010 were within the statutory period and valid.
On the allegation of mala fide, the Court observed that the petitioners failed to implead the individuals allegedly benefitted by the alignment change. Relying on settled legal principles, the Court held that allegations of mala fide cannot be examined without making such persons parties to the proceedings, as it would violate principles of natural justice.
