HIRALAL PAUL Vs. STATE OF TRIPURA AND OTHERS

JUDGEMENT

(1.) By the above three writ petitions, the petitioners have impugned the same notification issued under Sec. 4 of the Land Acquisition Act, 1894 (hereinafter referred to the Act' for short), whereby their lands have been proposed to be acquired and by invoking the provision of sub-section (1) of Sec. 17 of the Act the application of Sec. 5-A has been dispensed with, taking away thereby their valuable rights to represent against the public purpose adumbrated therein. As they involved the same question of facts and law, all the writ petitions are taken up together for disposal by a single judgment.

(2.) The short common facts giving rise to the writ petitions, inter alia, are that for the public purpose of construction of approach road towards R.C.C. bridge over Katakhal near Durga Chowmahani on the Airport road as described in the impugned notification, the lands of the petitioners have been proposed to be acquired. The grievances of the petitioners are that construction of the bridge known as Birendra Bridge was completed in the year 2001 and for that purpose the respondents had earlier acquired lands on both sides of the Airport road. The width of the approach road to the said bridge is now 51 feet and, therefore, no further acquisition of lands is necessary. The impugned notification has been assailed on the following grounds :

(3.) The State-respondents filed counter-affidavit contending, inter alia, that for smooth flow of traffic from two directions of the bridge, the lands of the petitioners are required. If Ramnagar Road No. 9 which connects the Airport road at the southern end of the Birendra Bridge is not raised, the smooth flow of traffic cannot be maintained. Ramnagar Road No. 9 will be of no use if it is not raised keeping a parity with the connecting Airport road. Therefore, this being a very important public purpose, the acquisition of the lands has become very urgent for completing the construction of the approach road.