SANJAY GOYAL Vs. UOI

JUDGEMENT

(1.) THIS batch of writ petitions has been filed by several owners of industrial units situated on plots falling within the Jhilmil Industrial Area. The Petitioners have sought a Declaration to the effect that Notification dated 14. 10. 2005 under Section 4, Declaration under Section 6 dated 15. 10. 2006, and notification dated 9. 11. 2006 under Sections 9 and 10 of the Land Acquisition act, 1894 (LA Act for short) in respect of the lands and built-up structures should be struck down for the reason that they are violative of Articles 14, 19 and 300a of the Constitution of India. The Petitioners have also prayed for compensation and for allotment of alternate plots. The Petitioners have alleged malafides against the Respondents so far as the need behind the acquisition is concerned. Interim Orders directing the parties to maintain status quo were passed on the first date of hearing, have been extended from time to time, and subsist till date.

(2.) BRIEFLY stated, the Respondents intend and plan to complete the construction of a forty-five metre wide road, Road No. 58, connecting/leading to road No. 64. If these two roads have to be interconnected they would have to pass under G. T. Road which, at the point of conjunction, is already elevated road or flyover. Prior to this confluence of roads under G. T. Road, Road No. 58 would have to negotiate the Railway Line which, in these environs, runs roughly parallel to G. T. Road. A decision has been taken by the Respondents to construct a road under bridge (RUB) so that the existing Railway Line would not be disturbed. After traversing under the Railway Line, the road would have to cross through the Jhilmil Industrial Area so as eventually to connect with Road No. 64. At the present moment, traffic on Road No. 58 has perforce to travel several kilometres in order to have access to G. T. Road. Traffic having to cross G. T. Road or traverse on the other half of G. T. Road would require to halt in traffic, which would be obviated once Roads 58 and 64 are interconnected. There cannot be two opinions that it is strongly salutary, if not absolutely necessary, for the proposal to be fully implemented. We are firmly of the view that it is in public interest that the project requires to be completed.

(3.) WE have already mentioned that Road No. 58 is presently forty-five metres in width, and stands constructed almost upto the Railway Line. We have been informed, and it has not been controverted, that the construction of the rub by extant practices has to be carried out by the Railways (IRCON ). The project has been held up because of the interim Orders passed by this Court. No useful purpose would be served for the RUB to be constructed unless a passage through the existing Jhilmil Industrial Area is readily available. The petitioners are the owners of land and structures in the Jhilmil Industrial Area which would perforce be required to be acquired if Road No. 58 is to have a width of forty-five metres eventually connecting it with Road No. 64.