NIRMALA RATHORE Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioners challenging the validity of notification dated 21.08.2018 and declaration dated 21.12.2018 issued under Section 3A(1) and 3D respectively of the National Highways Act, 1956 (hereinafter shall be referred to as 'the Act of 1956') and the award dated 08.03.2019 passed under Section 3G of the Act of 1956.

(2.) The facts, as pleaded in the writ petition, in nutshell, are that father of the petitioners had purchased land in February, 2002 admeasuring 0.64 hectare in Khasra No.4177 of village Pinan, Tehsil Rajgarh, District Alwar. The land use of the aforesaid land was converted for petrol pump measuring 1973.94 Sq.Mtrs. and further the land was converted for commercial use vide order dated 27.01.2004, as per the order passed by the Sub Divisional Officer, Rajgarh, District Alwar and the remaining land 2092.20 Sq.Mtrs. remained unconverted as 'Barani'.

(3.) The petitioners have pleaded that their father after setting up a petrol pump, as allotted to him by the Indian Oil Corporation Limited, executed a gift deed of an area measuring 2092.20 Sq.Mtrs. in favour of the petitioners-four daughters and mutation was also sanctioned accordingly by the revenue authorities. The father of the petitioners transferred the dealership in favour of his four daughters in the name of M/s.Jai Ambey Indian Oil Company on 25.11.2010.