Understanding Section 3C of National Highways Act, 1956
Know your rights to object land acquisition for highways in India
What is Section 3C?
Section 3C of the National Highways Act, 1956 gives landowners and interested people the right to object when the government plans to acquire land for building or expanding national highways.
This step comes after the government issues a notification under Section 3A, which announces the intent to acquire land.
Who Can File an Objection?
Anyone who has a legal interest in the land can file an objection. This includes:
- Landowners
- Tenants
- Leaseholders
- Other legal right-holders
How to File an Objection
You must file your objection in writing within 21 days from the date of publication of the land acquisition notice under Section 3A.
The objection should be sent to the Competent Authority clearly mentioning the reasons for the objection.
What Happens After Filing?
Once your objection is received, the Competent Authority will:
- Give you a chance to be heard (you or your legal representative).
- Prepare a report with their recommendation.
- Send the report to the Central Government.
- The Central Government will make the final decision.
Why Section 3C Matters
This section ensures that affected persons have a fair chance to present their side before their land is taken. It protects the rights of individuals while allowing the government to develop public infrastructure.
Important Court Case: Union of India vs. Kushala Shetty (2011)
The Supreme Court ruled that if the government follows proper procedure under Sections 3A to 3D, then the land acquisition is valid and not against natural justice. This case supports the fair hearing process in Section 3C.
Frequently Asked Questions (FAQ)
Q1. Can I object to land acquisition after 21 days?
No, the law allows only 21 days from the date of notice to file an objection.
Q2. Do I need a lawyer to file an objection?
No, but having a lawyer can help you present your objection more clearly and legally.
Q3. Is the government's decision final?
Yes, the final decision is taken by the Central Government after reviewing the report from the Competent Authority.
Q4. What happens if I don’t object?
If no objection is filed, the process of land acquisition will move forward without considering your views.
Conclusion
Section 3C of the National Highways Act, 1956 is a powerful tool for landowners and affected persons. It gives them a legal chance to protect their property rights. If you ever receive a land acquisition notice, read it carefully and act within 21 days to file your objection. Timely action and awareness are key to protecting your land rights.
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