EKNATH PRABHAKAR MORAJKAR Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) Affidavit in reply taken on record. Rule is made returnable forthwith. Learned Counsel appearing for the respective respondents waive service.

(2.) The challenge in the Writ Petition is to the notification dtd. 25/5/2018 issued by the Ministry of Road transport and Highways detailing land which is proposed to be acquired for augmenting the width of existing NH17 (new NH 66) on the stretch from km 475 to 502.5. Petitioner's land admeasuring 390 sq. mtrs. has been notified to be acquired. As per the petitioner only 160 sq. mtrs. of land would suffice for the reason a flyover passes through the land proposed to be acquired and construction of flyover is complete.

(3.) The response justifies acquisition of 390 sq.mtrs. of land by admitting that as regards the flyover, construction thereof would need only 160 sq.mtrs. land but more land would be required keeping in view the laying of utilities, service roads, etc.