GOVIND POSLYA GAVIT Vs. COMPETENT AUTHORITY

JUDGEMENT

(1.) Rule. Mr. Bhosale, learned counsel waives service of notice for respondent no.1. Mr. V. D. Sapkal, senior counsel waives service for respondent no. 2. The learned AGP waives service of notice for respondents no. 3 and 4. Rule made returnable forthwith. With consent of learned counsel for the parties, heard finally.

(2.) By this petition filed under Article 226 of the Constitution of India, the petitioners seek writ of mandamus directing the respondent no.2 to stop the construction of national highway no. 6 at the sites of petitioners immediately. The petitioners also seek writ of mandamus directing the respondent no. 2 forthwith to initiate and complete land acquisition proceedings in respect of properties of petitioners bearing Gat Nos. 45/4/A, 45/A/B, 45/4/C, 45/3/8 situated at Mauje Gangapur, Taluka Navapur, District Nandurbar and further pay compensation to the petitioners.

(3.) It is the case of the petitioners that they are the owners and possessors of the land bearing Gat No. 45/4/B admeasuring 8600 Sq.Meter, Gat No. 45/4/A admasuring 8600 Sq.Meter, and Gat No. 45/4/C admeasuring 8600 Sq.Meter situated at Gangapur, Taluka Navapur, District Nandurbar, respectively. The Government of India, the Ministry of Road, Transport and Highway issued a notification on 11/11/2011, published the same in the Gazette of India under Sec. 3(A) of the National Highway Act, 1956 and thereby declared its intention to acquire the land in Nandurbar district. (For Short 'the said Act of 1956').