PEEYUSH MOHANTY @ PEEYUSH DHARI MOHANTY Vs. PROJECT DIRECTOR, MINISTRY OF ROAD TRANSPORT &, HIGHWAYS PROJECT IMPLEMENTATION UNIT, NAYAPALLI, BHUBANESWAR

JUDGEMENT

(1.) THIS Writ Petition has been filed challenging the Order Dated 17.3.2011 passed by the Learned District Judge, Khurda at Bhubaneswar in FAO No. 124 of 2010 dismissing the said appeal and confirming the Order Dated 1.10.2010 passed by the Learned Civil Judge (Sr. Division), Bhubaneswar in I.A. No. 697 of 2010 (arising out of C.S. No. 1613 of 2010) rejecting the Petitioner's application for interim injunction under Order 39 Rules 1 & 2, CPC.

(2.) THE Plaintiff -Petitioner has filed the suit (C.S. No. 1613 of 2010) before the Civil Judge (Sr. Division), Bhubaneswar for a decree of permanent injunction restraining the Defendants -O.Ps. from interfering with the peaceful possession of the Plaintiff over the suit properties and from demolishing the structure existing over the suit properties on the allegation that the Petitioner purchased the suit land in question and has constructed a hotel and residential house there over with the approval of the Bhubaneswar Development Authority and that having received notices from the Authorized Officer -National Highways Authority recently in Case Nos. 27/26/2002 and 27/8/2002 he came to learn that the suit properties were being acquired for the purpose of widening of N.H. No.5.lt is contended by him that the Notification under Section 3 -A of The National Highways Act, 1956 (48 of 1956) (in short, "the Act") was not duly published in the newspapers as required under the statute and that in the matter of acquisition there was non -compliance of mandatory statutory provisions.

(3.) THE Trial Court by its Order Dated 1.12.2010 dismissed the IA holding that the Petitioner has no prima facie case in view of the bar contained in S. 3 -D(4) of the Act and has no balance of convenience in his favour. The said order of the Trial court was challenged before the District Judge in FAO No. 124 of 2010 which was dismissed by the impugned Order Dated 17.3.211 confirming the order passed by the Trial Court.