Property and National Highways : Legal Effect Explained by High Court
It is relevant to note that entry No.23 of List I (Union list) of the 7th Schedule, as per Article 246 of the Constitution of India, specifies highways declared by or under law made by Parliament to be national highways. Thus, Central Government has exclusive power in the context of national highways. The State Government under S.3-A (1) of National Highways Act, 1956 has absolutely no power under the said provision to issue any notification with regard to acquisition of land for the purpose of national highways.
Vikrant Happy Homes Pvt Ltd v. Union of India [2026] GCtR 81 (Bombay)
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