JAYWANTI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenge in these petitions is to the notifications dated July 16, 2021 and December 22, 2021 issued by respondent no. 1 under Sec. 3A and 3D of the National Highways Act, 1956 (hereinafter referred to as "the Act") respectively. The purpose of acquisition, as is available from the aforesaid notifications, is for building (widening two-laning with paved shoulders/four-laning etc.), maintenance, management and operation of National Highway-730C, National Highway-730B and National Highway-731K (Shahbajpur-Pilibhit Sec. ) in district Pilibhit, in the State of Uttar Pradesh under Green National Highway Corridor Project.

(2.) It is not in dispute that the petitioners did not file any objection after issuance of notification under Sec. 3A of the Act. The objection was filed only after issuance of notification under Sec. 3D of the Act stating that the acquisition of the land is bad for the reason that it is in violation of Rule 8 of the National Highways Fee (Determination of Rates and Collection) Rules, 2008 (hereinafter referred to as "the Rules") as no Toll Plaza could be established within five kilometers of an industrial area. The land of the petitioners is located within that area.

(3.) We are not impressed with the argument. A perusal of the notifications clearly show that it is for the purpose of widening, maintenance, management and operation of National Highways in district Pilibhit under Green National Highway Corridor Project, which is a project for development of infrastructure. It is not in dispute that the petitioners did not file any objection when the notification under Sec. 3A of the Act was issued. It was filed only after notification under Sec. 3D had also been issued. There is nothing mentioned in the notifications that the acquisition in question is specifically for the purpose of construction of Toll Plaza, rather a large chunk of land, measuring total 122.7152 hectares, was acquired for construction of national highway under the Green National Highway Corridor Project, which is of national importance. Out of the aforesaid, the land owned by the petitioners in all the aforesaid writ petitions, as shown in the notification under Sec. 3D of the Act, annexed with the petitions as Annexure-5, is 1.8629 hectares (0.5278, 0.9031, 0.432 hectares respectively in all the three petitions).