LAWS(P&H)-2024-7-4

KAMVIN INFRA PVT. LTD Vs. UNION OF INDIA

Decided On July 05, 2024
Kamvin Infra Pvt. Ltd Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Challenge in the present petition is to the order dtd. 16/11/2021 whereby proposal for access permission to the property of the petitioner has been denied and order dtd. 4/3/2022 whereby the respondent accepted to acquire the balance land of the petitioner but at the rates on which land was acquired earlier passed by respondent No.3 being contrary to the law and Un-Constitutional.

(2.) Learned counsel for the petitioner contends that the petitionerCompany is the owner in possession of land situated at village Bhondsi, Tehsil Sohna, District Gurugram, total measuring 14 kanals 3 marlas as detailed in paragraph No.2 of the petition to the extent of 18/68th share. The same was purchased by the petitioner-Company in the month of September 2012 and the mutation thereof, was duly sanctioned vide mutation No.20257. The land is abutting to the National Highway namely Sohana to Gurugram, which is evident from the site plan appended to the petition.

(3.) The Ministry of Road Transport and Highway had decided to take up the development of the National Highways by constructing the 6 Lane Highway for smooth flow of traffic. An acquisition of land was proposed for establishment and construction of Toll Plaza on NH-248A alongwith, its office and other ancillary building. The said acquired area belonging to the petitioner has been demarcated in Pink Colour in the site plan attached as Annexure P-3 with the present writ petition.