DEVENDRA PRATAP SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This writ petition has been filed by the petitioner under Article 226 of the Constitution of India against the order dated 3.7.2015 (Annexure P-3) passed by the respondent No.2/Director, National Highways Authority of India whereby the petitioner's land bearing Khasra No.58/2/kha ad-measuring 0.324 hectares and Khasra No.58/3 ad-measuring 0.607 hectares which are the parts of Khasra No.58 situated at Village Bela, Halka Bela, Revenue Circle Mohari Katra, Tahsil Amarpatan District Satna, as also Khasra No.48/1/Ka ad-measuring 0.405 hectartes, Khasra No.48/1/kha ad-measuring 0.279 hectares and Khasra No.48/2 ad-measuring 0.405 hectares being the parts of Khasra No.48 at the same place has been acquired for the purposes of establishment of Toll Plaza.

(2.) The case of the petitioner is that the respondent No.2/Director, National Highways Authority of India issued a notification under Section 3A of the National Highways Act, 1956 (for short "Act, 1956") on 25.5.2012 in which the aforesaid Khasra numbers were not included as the National Highway was adjoining the aforesaid khasra numbers. It is the case of the petitioner that subsequently the respondent No.3/Divisional Manager, Madhya Pradesh Road Development Corporation, Rewa decided to construct a Toll Plaza on the land situated at Khasra No.58/2/Kha and 58/3 as also Khasra No.48/1/Ka, 48/1/Kha and 48/2 which belong to the petitioner. It is further the case of the petitioner that the respondent No.2 also issued a fresh notification on 3.7.2015 in which the aforesaid khasra numbers were also included and the petitioner, in terms of Section 3C of the Act, 1956 did not have any remedy as the said section provides that the person interested can "object to the use of land for the purpose or purposes mentioned in that section", and the case of the petitioner is that since the objection of the petitioner was based on the application of the statutory rules, namely Rule 8 of the National Highways Fee (Determination of Rates and Collection) Rules, 2008 (hereinafter as "Rules, 2008") he did not file any objection before the respondent No.5/competent authority, however, a representation was filed by the petitioner before the respondent No.5 on 3.10.2015 and the respondent No.5 vide its order dated 31.10.2015 directed the Naib Tahsildar to submit the report. The Tahsildar, vide his report dated 2.11.2015 has found that the location of Khasra No.48 and 58 is 6.2 kms from the Nagar Panchayat limits, hence toll plaza cannot be permitted to be constructed at the proposed location.

(3.) Learned counsel for the petitioner has submitted that the acquisition of the petitioner's land for the purpose of construction of toll plaza is contrary to Rule 8 of the Rules, 2008 in light of the report submitted by the Naib Tahsildar. In such circumstance the impugned order is liable to be set aside.