DIVYA DEEP SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ petition, the petitioners, who are three brothers and whose substantial lands have been acquired for widening and converting National Highway No.84, Ara- Buxar section into four lanes, complain about the totally illegal, arbitrary manner and de hors the procedure laid by law in which compensation payable to them in terms of Section-3- G of the National Highways Act, 1956 has been processed and computed. Respondents-National Highways Authority of India have appeared and filed a counter affidavit. Petitioners have filed rejoinder thereto. There is a counter affidavit on behalf of the Competent Authority-cum-District Land Acquisition Officer, Buxar along with other respondents as well. Having heard the parties at length and with their consent, this writ petition is being disposed of at this stage itself.

(2.) It appears that there exists a National Highway No.84 passing through Ara-Buxar and in between, abutting the Highway are the lands of the petitioners at Dumraon within the district of Buxar. Petitioner nos.2 & 3 have a restaurant in the name and style of Fauzi Caf popularly known as Fauzi Dhaba on the said land, which is a popular stop for people traveling from Patna to Varanasi via Ara- Buxar-Gajipur. It is not in dispute that those lands of petitioners, upon establishment of the said Caf , was assessed to commercial rent by the State since 1995 and commercial rent receipts as charged by the State for the commercial user of land and paid for 1995 up to 2007 have been annexed with the writ petition which have not been disputed, rather in the counter affidavit filed on behalf of the Competent Authoritycum- District Land Acquisition Officer, Buxar, it is admitted that Caf does exist.

(3.) This National Highway No.84, as per the Central Government policy, was to be broadened into a four lanes National Highway and, accordingly, for the said purpose substantial lands were to be acquired. Accordingly, as envisaged under Section-3-A (1) of the National Highways Act, 1956 (hereinafter referred to as the "Act"), Gazette notification was issued in regard to intention to acquire and there were two notifications in local newspapers as well. In this regard, as contemplated under Section-3-A (3) of the Act, which Gazette notification was published on 10.12.2009, which is Annexure-2 to the writ petition. In the said notification itself it is provided that all objections to the acquisitions, as contemplated under Section-3-C of the Act, would be raised before the District Land Acquisition Officer, who was designated as the Competent Authority in terms of Section-3 (a) of the Act.