MAHENDRA LODHA Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) - By way of this petition, the petitioner has questioned legality of notification dated 28/29.4.15 issued by the Government of India under Section 3A of National Highway Act, 1956 (for short "the Act "), intending to acquire inter alia the petitioner's land ad measuring .1014 hectare, comprising Survey No. 2307/1, situated at village-Sanganer, District-Bhilwara. That apart, the petitioner has prayed for restoration of status quo ante in respect of the said land, alleged to have been already taken possession of.

(2.) The facts relevant are that the Government of India issued a notification dated 8.1.13 under sub-section (1) of Section 3A of the Act intending to acquire the lands including the land ad measuring .2738 hectare comprising Survey No.2307, located in village-Sanganer, for the purpose of widening of National Highway No.758, from 87+250 km. to 115+000 km., Bhilwara to Ladpura Section. Aforesaid land was ultimately kept out of acquisition as no declaration was made under sub-section (1) of Section 3D of the Act when the declaration was issued in respect of other lands, on 20.12.13.

(3.) The petitioner purchased the part of the land of Survey No.2307/1 ad measuring 13 biswas from Smt. Nandu Devi through registered sale deed dated 31.1.14 and accordingly, mutation was effected in favour of the petitioner.