VIVEK SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The Ministry of Road Transport and Highways issued a notification in exercise of power conferred by Sub Sec. 1 of Sec. 3 (A) of the National Highways Act, 1956 (for short the Act) on 4/4/2021, whereby the ministry declared its intention to acquire land of the petitioners for up-gradation and four lanning of Paonta Sahib Ballupur (Dehradun) Sec. from Km. 104.00 to Km 149.00 and bye pass to Paonta Sahib Km 97.00 to Km 104.00 of National Highway No. 72 for re-alignments and link roads for building (widening/two-lane with paved shoulder/four lanning etc.), maintenance, management and operation of NH 72 in the stretch of land from Km 97.00 to Km 104.00 (Paonta Sahib bye pass).

(2.) The petitioners got information that the respondents have issued a notification for declaring their intention to acquire their land. The petitioners vide an application to the Minister for Road Transport and Highways and to the Chairman of NHAI prayed for restraining the respondents from the construction of bye pass road from their land and requested to carry out the construction of bye pass road from the previous survey i.e. from Bata Bridge Flyover or from Ranbaxy Chowk. The petitioners filed objections under Sub Sec. 1 Sec. 3 (c) before respondent no. 4 qua re-alignment of bye pass road to Paonta Sahib.

(3.) The objections preferred by the petitioners were returned on the ground that the same have been filed at a belated stage. The petitioners being aggrieved by the arbitrary action of the respondents preferred CWP No. 3646 of 2021 which was allowed by this Court thereby directing the respondents to consider the objections of the petitioners on merit. The objections were again filed on 19/7/2021 before the competent authority of land acquisition cum-SDO (C) and the same were dismissed vide order dtd. 30/9/2021.