PATEL RANCHHODBHAI HARIBHAI Vs. COLLECTOR

JUDGEMENT

(1.) Draft amendment is allowed. Petitioners to carry out necessary amendment in the petition by filing amended petition.

(2.) Heard Mr. Rakesh R. Patel, learned counsel appearing for the petitioners and Mr. K.M. Antani, learned Assistant Government Pleader who is in advance copy of respondent No.1. No notice is issued to respondent Nos.2 and 3 as this petition is being dismissed at threshold for the reasons indicated hereinbelow.

(3.) Petitioners are said to be the residents of Village: Soneth, Taluka: Suigam, District: Bansakantha. Sum and substance of their grievance is that portions of their agricultural lands have been acquired by respondent Nos.2 and 3 on 15/1/2020 under Sec. 3G(1) of the National Highways Authority Act, 1956 for the purpose of laying down four lane road of National Highway-747 which passes through several villages including Village: Soneth. It is alleged in the petition that construction work of road through contractors have commenced and there is a deviation from the central line as mentioned in the measurement sheet and 35 mtr. road is being constructed only on one side and the lands of the petitioners are being damaged and 30-35 mtrs. of land on the opposite side has remained unutilised. It is further alleged that on account of breach of central line, agricultural field as well as residential houses situated on one side said road would come very close to the boundary line of highway and the chances of standing crops being damaged are writ large. It is also stated that no marginal area would remain to enable villagers to walk in the boarder of their agricultural lands, as well as houses of some of the petitioners would be demolished and there will not be any service road for any internal use for the petitioners with tractor and on the process of the constructing road structure, the land of petitioners would be damaged. As a result of the same, petitioners' land would be acquired without payment of compensation. Contending, inter alia, that respondents without considering the representations submitted by the petitioners have proceeded to construct the road and as such, they are seeking for a writ in the nature of mandamus being issued tot he respondents to direct them from laying down the highway road passing through Village: Soneth on the ground that it is in violation of the central line of the road prepared by the District Inspector of Land Records, Palanpur. Petitioners have also sought for a direction being issued to respondent No.2 to provide suitable alternative road or under ground road or service road to the petitioners / villagers of Soneth village for ingress and egress to their lands / houses and have sought for an interim order to restrain the respondent authorities from proceeding with the construction of the road during pendency of the present petition.