OM PRAKASH BATRA Vs. EXECUTIVE ENGINEER NATIONAL HIGHWAYS

JUDGEMENT

(1.) THIS petition impugns the auction of State respondents. from demolishing and/or marking a Property as an obstruction to National Highway No.2.

(2.) THE petitioner submits that he purchased plot no. 768 and this plot is situate by the side of a bye pass road near Firozabad. THE this leads to the National Highway No. 2. A map has been submited byepass the writ petition showing that the byepass passes next to one side of the petitioner,s compound. On one aspect there is no issue that in 1971 the alignment of the road has been changed and it is now into the boundary the of the petitioner. THE petitioner admits that a new paper notice on behalf of the Public Work Department and the Government of India announced plans to alter the lay out of the highway as cost of rupees 5 crores. It is also accepted that on 14 August, 1994,, some employees of the Public Works Department came and inspected the site and after taking measurements have demaracated the area up to which the byepass of the National Highway will be expanded and this has been done with red paint. THE contention of the petitioner is that the demarcation line i. e. the road line made by she Public Works Department is. 15 feet into the lawn of the petitioner.

(3.) IN this regard when the petitioner purchased a property right next to a National Highway byepass he at every given time had taken the risk of an impending expansion and development plan of the highway authority.