LAWS(DLH)-2019-4-347

RENU GUPTA Vs. UNION OF INDIA

Decided On April 02, 2019
RENU GUPTA Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The challenge in this petition is to a notification dated 15th May, 2017 issued by the Ministry of Road Transport and Highways, Government of India under Section 3-A (1) of the National Highways Act, 1956 ("NH Act") declaring the intention of the Central Government to acquire the land of the Petitioner admeasuring 0.620 acres forming part of Survey No. 56//16, 56//17/1 and 56//24/2 situation at Bijwasan Village, Southwest Delhi for the public purpose of "building (widening/four laning etc.), maintenance, management and operation of Dwarka Expressway on stretch of land from km 1.500 to km 9.900 in District South West in the State of Delhi". Also challenged in this writ petition is the subsequent declaration dated 20th November, 2017 under Section 3-D of the NH Act. The order passed by the Competent Authority Land Acquistion ("CALA") under Section 3-C of the NH Act on 31st August, 2017/6th September, 2017, disallowing the objections filed by the Petitioner, has also been questioned.

(2.) This writ petition was filed on 23rd May, 2018. On 25th May, 2018, while directing notice to issue, the case was fixed for hearing on 30th August, 2018.

(3.) It is significant that although the Petitioner had sought for an interim relief against dispossession, no interim stay was granted by this Court.