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Core Purpose

Notification declaring the Central Government's intention to acquire land for NH965 under sub-section (1) of section 3A of the National Highways Act, 1956, issued pursuant to a Bombay High Court order.

Detailed Summary

Ministry of Road Transport and Highways notification S.O. 1158(E) dated 7 March 2024, issued under sub-section (1) of section 3A of the National Highways Act, 1956 (48 of 1956), declares the Central Government's intention to acquire land for building/widening, maintenance, management and operation of NH965 from Km 59.000 to Km 117.000 (Sub Divisional Officer Malshiras Division Akluj) in Solapur district, Maharashtra. It was issued pursuant to an order of the Bombay High Court in Civil Writ Petition No. 457 of 2023, which found that earlier notifications under Section 3-A and 3-D of the Act had not mentioned the subject land (City Survey No. 359, old Gat No. 1534) at Village Velapur, Taluka Malshiras, District Solapur, and permitted issuance of a fresh Section 3-A notification. Objections may be filed within 21 days to the Competent Authority (Sub Divisional Officer, Malshiras Division, Akluj) under section 3C(1) of the Act, and Competent Authority decisions under section 3C(2) are final. The Schedule lists 0.0202 hectares of private, non-agricultural land at C.T.S. No. 359, Village Velapur. Signed by Abhay Jain, Deputy Secretary (F. No. NHAI/PIU/PUNE/PALKHI MARG/LA/2017/3A).

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-08032024-252753 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 1096] NEW DELHI, THURSDAY, MARCH 7, 2024/PHALGUNA 17, 1945 MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NOTIFICATION New Delhi, the 7th March, 2024. S.O. 1158(E). — In exercise of powers conferred by sub-section (1) of section 3A of the National Highways Act, 1956 (48 of 1956) (hereinafter referred to as the said Act), the Central Government, after being satisfied that for the public purpose, the land, the brief description of which is given in the Schedule below, is required for building (widening/two lane with paved shoulder/four laning etc.,), maintenance, management and operation of NH965 in the stretch of land from Km. 59.000 to Km. 117.000 (Sub Divisional Officer Malshiras Division Akluj) in the district of SOLAPUR in the state of MAHARASHTRA, hereby declares its intention to acquire such land.This notification is issued pursuant to the order passed by Hon'ble High Court, Bombay in Civil Writ Petition No.457 of 2023, wherein it was observed that the notifications, issued earlier under Section 3-A and 3-D of the Act of 1956, the subject land being City Survey No. 359 (old Gat No. 1534) situated at Village Velapur, Taluka- Malshiras, District -Solapur was not mentioned. The High Court further observed that it is open to the Central Government to proceed to issue a fresh notification under Section 3-A of the Act of 1956 in respect of the subject land and mention of the said land in the Award already declared will not be considered as an impediment. The land owner upon publication will then file an undertaking and hand over vacant and peaceful possession. However, before taking possession and prior to possession being handed over, the joint measurement will be carried out. 1658 GI/2024 (1) 2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II-SEC. 3(ii)] [F. No. NHAI/PIU/PUNE/PALKHI MARG/LA/2017/3A] ABHAY JAIN, Dy. Secy. MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NOTIFICATION New Delhi, the 7th March, 2024. [PART II-SEC. 3(ii)] 3 Any person interested in the said land may, within twenty-one days from the date of publication of this notification in the Official Gazette, object to the use of such land for the aforesaid purpose under sub-section(1) of section 3C of the said Act. Every such objection shall be made to the Competent Authority, namely, Sub divisional Officer Malshiras Division Akluj 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. Any order made by the Competent Authority under sub-section (2) of section 3C of the said Act shall be final. The land plans and other details of the land to be acquired under their notification are available and can be inspected by the interested person at the aforesaid office of the Competent Authority. SCHEDULE Brief Description of the land to be acquired with or without structures falling NH965 in the stretch of land from Km. 59.000 to Km. 117.000 (Sub Divisional Officer Malshiras Division Akluj) in the district of SOLAPUR in the state of MAHARASHTRA State: MAHARASHTRA | District: SOLAPUR Sl. No. | Survey/Plot Number | Type of Land | Nature of Land | Area (in Local Unit) | Area (in Hectares) 1 | 2 | 3 | 4 | 5 | 6 Taluk: Malshiras Village: Velapur 1 | C.T.S No. 359 | Private | Non Agriculture | 0.0202 (Hectare ) | 0.0202 Total | | | | | 0.0202 [F. No. NHAI/PIU/PUNE/PALKHI MARG/LA/2017/3A] ABHAY JAIN, Dy. Secy. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054. SARVESH KUMAR

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