RADHE SHYAM JOSHI Vs. UNION OF INDIA

JUDGEMENT

(1.) As culled out from the memo of petitions, the present bunch of petitions under Article 226 of the Constitution of India has been preferred claiming, in sum and substance, the following reliefs:

(2.) The genesis of the controversy involved herein lies in the notice(s), impugned herein, issued to the present petitioners, by the respondent-authority for removal of certain encroachments from the government lands; such encroachments, as the pleaded facts and the record would reveal, were sought to be removed for the purposes of National Highway (public project).

(3.) The impugned notice dtd. 10/1/2023 came to be issued by the respondents under Ss. 26(2) and 27 of the Control of National Highways (Land and Traffic) Act, 2002 (hereinafter referred to as 'Act of 2002') to the present petitioners seeking removal of their shops/walls/hotels i.e. commercial establishments, while assessing the same to be an encroachment over the government lands.