MAHENDRA PAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This batch of writ petitions has been filed by the petitioners while challenging the notification dated 24.01.2014 issued under section 3A of the National Highways, 1956 (in brevity 'the Act of 1956' hereinafter) and notification dated 23.01.2015 issued under section 3D of the Act of 1956, whereby the land mentioned in above notifications, which includes the lands of the petitioners, is sought to be acquired for the purpose of widening/construction of 2 lane paved shoulder road (Suratgarh to Sriganganagar) of the National Highway No.15 running from Km.173/000 to Km.248/650. The principal grievance of the petitioners is with regard to the construction of bypass from Km.238+000 to Km.248+600.

(2.) Brief facts of the case are that the Ministry of Road Transport and Highways, Union of India issued a notification under section 3A of the Act of 1956 on 24.01.2014 declaring its intention to acquire the land mentioned in the notification for the purpose of widening/construction of 2 lane paved shoulder road on National Highway No.15 from Km.173/00 to Km.248/650 (Suratgarh to Sri Ganganagar) and invited objections from the persons concern. The said notification was published in local newspapers on 7 th and 8 th March, 2014.

(3.) Pursuant to that, the objections were filed on behalf of petitioners and other persons. The Land Acquisition Officer decided the said objections vide order dated 27.10.2014 and thereafter notification under section 3D of the Act of 1956 was issued on 23.01.2015. The said notification was published in daily newspaper Dainik Bhaskar on 22.04.2015. Lands belonging to the petitioners falling under the above mentioned two notifications are situated in between Km.238+000 to Km.248+600 of Suratgarh to Sriganganagar Road where a bypass is proposed to be constructed. The petitioners are opposing acquisition of the land on the following grounds:- (I) That the land sought to be acquired for the purpose of construction of bypass running from Km.238+000 to Km.248+600 on the Suratgarh to Sri Ganganagar Road has not been declared as National Highway under section 2 of the Act of 1956. It is argued that without declaration of stretch of road, where bypass is proposed to be constructed, as National Highway by issuing notice under section 2 of the Act of 1956, the respondents cannot acquire the land of the petitioners. It is contended that as the proposed bypass running from Km.238+000 to Km.248+600 has not been declared as National Highway under section 2 of the Act of 1956, the respondents have no authority to acquire the said land and the impugned notifications issued by it under sections 3A and 3D of the Act of 1956 are liable to be set aside.