Section 3D of NHA : Section 3D: Declaration Of Acquisition

Explanation using Example

Imagine the government plans to build a new highway that will pass through the outskirts of a city, requiring acquisition of land currently used for farming. The Central Government issues a notification under Section 3A of the National Highways Act, 1956, proposing to acquire the land.

The farmers owning this land are given a chance to object to the acquisition under Section 3C. However, after considering the objections, the competent authority disallows them, finding the highway project to be of greater public importance.

Following this, the competent authority reports to the Central Government, which then issues a declaration in the Official Gazette under Section 3D, stating that the land is to be acquired for the highway. Upon publication of this declaration, the land immediately vests in the Central Government, free from any mortgages, leases, or other encumbrances that might have existed.

If, however, the Central Government had failed to issue the declaration within one year of the initial notification (excluding any time during which the process was halted due to court orders), the acquisition notification would lapse, and the land would not be acquired.

Once the declaration under Section 3D is made, it is final and cannot be challenged in court or by any authority, ensuring that the highway project can proceed without legal disputes over the acquisition.