MANEK FARAMROJ JOKHI Vs. UNION OF INDIA

JUDGEMENT

(1.) RULE . Learned advocate Mr. Khare waives service of Rule on behalf of respondent Nos.1 and 2, learned advocate Mr. Gohil waives service of Rule on behalf of respondent No.3, learned advocate Kanojiya waives service of Rule on behalf of respondent No.4.

(2.) BY way of present petition under Articles 14, 226, and 227 of the Constitution of India and under the provisions of the National Highways Act, 1956, the petitioners are seeking following relief :

(3.) THE short facts of the present petition are such that the present petitioners are the agriculturists. Petitioner Nos. 1 to 7 are having agricultural lands bearing Block Nos.453, 454 and 460, 461 and 462 as well as 446/p1 and 448 respectively. Respondent No.2 has undertaken project for widening NH 6 between Hajira and Maharashtra border through Tapi District, vide Notification dated 10.6.2009 issued by respondent No.1 published in daily newspaper "Sandesh" dated 8.8.2009. As per the policy, it was decided to provide 60 mtrs., 6 lane highway throughout Hajira and Maharashtra Border. Respondent No.2 proposed to acquire part of the land to establish National Highway into six lanes. The petitioners noticed that the center line shifted towards their own lands and there was no proposal to acquire the land of Block No.261 and 262 on which bungalow scheme was proposed by respondent No.4. The center line was shifted with a view to favour the organizer and developers of the said scheme. Therefore, the petitioners made representations to various Authorities for changing center line of the highway along with other objections. The petitioners made application on 19.11.2009 and in response to the said letter, Under Secretary to Government of Gujarat directed the Collector, Tapi, to take appropriate action. Thereafter, the National Highway Authority with a view to cover up misdeed, obliged the petitioners by reducing the area of proposed acquired lands owned by the petitioners and proposed to acquire lands vide notification dated 10.6.2009 and thereby acquired small portion of land bearing Block No.261 of 262 and reduced the width ROW. The respondent No.2 issued notification dated 8.7.2010 inviting objections in respect of compensations of the land acquired. The National Highway Authority issued Notification dated 8.11.2010 due to the complaint made by the petitioners and vide Notification published on 8.11.2010 in Gujarat Samachar, it was proposed to acquire land admeasuring 3445 Sq. Mtr. from the land bearing Block Nos.261 and 262. As per the map given to the petitioner No.2, the land admeasuring 4503.75 Sq. Mtr. from Block No.262 was required to be acquired and land admeasuring 5107.67 Sq. Mtrs. from Block No.261 was required to be acquired, but the respondents Authorities continued to favour respondent No.4 by proposing to acquire land admeasuring 3445 Sq. Mtr. vide notification dated 8.11.2010. The respondents Authorities still, in order to continue to favour respondent No.4, who is organizer of Happy Home Scheme and took decision to confine acquisition proceedings to 43 mtr. ROW in width near the land of Happy Home Scheme instead of 60 mtrs. ROW in width. Therefore, the petitioners made representations on 23.2.2011 and 7.3.2011 to the Authorities and as yet, the respondents Authorities have not taken decision and respondent No.2 is adhered to implement notification dated 8.11.2010.