JABBERSINH SAVANSINH Vs. UNION OF INDIA

JUDGEMENT

(1.) Since common issue is involved in all the three petitions, the same are being heard together and are disposed of by this common judgment and order.

(2.) In all the three petitions, the Petitioners have prayed for a declaration that the alleged acquisition of Petitioners' lands falling in Survey Nos. 704, 706 & 707 of village Ichhapore, Tal. Choryasi, Dist. Surat, made by the Respondent No. 1 is not covered by the Notification dated 06.10.2009 published in the Gazette of India, Extraordinary Part-II, Section 3, Sub-section (II) for the purpose of widening of National Highway No. 6 under the provisions of Section 3A (1) of the National Highways Act, 1956. The Petitioners have also prayed for a prohibitory order restraining the Respondents from publishing any declaration of acquisition under Section 3D of the said Act, as far as the lands of the Petitioners falling in Survey Nos. 704, 706 & 707 of village Ichhapore, Tal. Choryasi, Dist. Surat are concerned and the property which is marked by red and yellow colour marking by the National Highway Authority, Surat.

(3.) This Court has issued notice as to admission and interim relief on 01.09.2010. On 15.09.2010, this Court granted leave to the Petitioners of Special Civil Application No. 10489 & 10490 of 2010 for amendment and accordingly, further prayers are made by the said Petitioners seeking declaration that the Notification dated 17.08.2010 is illegal, void and ultra vires the provisions of the Act, in so far as it acquires the lands owned by the Petitioners being different parts of Revenue Survey Nos. 704 & 706 of village Ichhapore, Tal. Choryasi, Dist. Surat.