RATHI SUGAR PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India is filed to challenge the notification dated 19.7.2010 issued in exercise of powers under section 3 -A of the National Highways Act, 1956. The notification mentions the purpose of acquisition for road widening and four -lane road. The petitioners' land bearing survey No.156/1 and 156/2 was notified as one of the land to be acquired vide said notification. The notification invited objections which the petitioners filed on 9.9.2010, annexure P/5.

(2.) ACCORDING to the petitioners, the objection has been decided by the Project Director, as can be discerned from annexure P/7 dated 1.2.2011. On this assertion it is argued before us that the entire acquisition proceeding qua the land owned and possessed by the petitioners is vitiated.

(3.) AS regards the ground urged by the petitioners before us, the response of the respondents is that the objection filed by the petitioners was decided by the competent Authority, i.e. the S.D.M. (Revenue), Multai, District Betul. This factual position has been asserted in the reply affidavit filed by the Project Director of the National Highway Authority of India. The relevant portion of the affidavit reads thus : -