PRANAB CHATTERJEE Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant appeal is directed against an order dated 19.3.99 passed by a learned single Judge of this Court, whereby and whereunder the writ application filed by the appellants herein was dismissed in limine.

(2.) The case in brief of the writ-petitioners-appellants is that the notification dated 11th June, 1998 issued in exercise of the power under section 3A of the National High Ways Act, 1956 proposing to acquire lands indicated therein is bad in law and for declaration that the notification dated 7th January, 1999 which has been issued under section 3D(1) of said Act is illegal.

(3.) The main thrust of challenge of the appellants before the learned trial Judge as also before this Court was that the objections filed by the appellants-writ-petitioners were not heard and the appellants-writ-petitioners were denied an opportunity of hearing before the notification under section 3C was published. It was further been contended, that the object of the acquisition is not bona fide and that it is in fact a mala fide exercise of power to evict the appellants-writ-petitioners. Further contention of the appellants-writ-petitioners before this Court was that no return has been submitted to the Government pursuant to the objections filed by the appellants-writ-petitioners as required under section 3C(2) and therefore, the declaration under section 3D(1) of the said Act is contrary to law.