RAJASTHAN SPINNING Vs. NATIONAL HIGHWAYS AUTHORITY OF INDIA

JUDGEMENT

(1.) These intra court appeals are directed against order dated 28.5.18 passed by the learned Single Judge of this court, whereby pending disposal of the writ petition, the appellant is directed to file an undertaking to bear the entire cost of acquisition and cost of shifting of the road as proposed by the Land Acquisition Officer vide order dated 20.11.17, while allowing the objections raised by the appellant against the acquisition of land for the purpose of widening/conversion of existing four lanes into six lanes of National Highway No.79, 79A and 76.

(2.) The facts relevant are that in the first instance, a notification dated 24.11.12 was issued by the Central Government under sub-section (1) of Section 3A of National Highways Act, 1956 (for short the Act ) declaring its intention to acquire the land for the purpose of widening/six laning etc. of National Highway No.79, from 63 + 600 km. to 156 + 600 km. (Kishangarh Chittorgarh Section) in district Bhilwara in the State of Rajasthan. The appellant s land comprising khasra no. 4978/449, 450, 4980/451, 4981/464, 4982/470, 4983/515 and 4985/517 measuring 8100 square meter situated at Gulabpura, Tehsil Hurda, district Bhilwara, was also proposed to be acquired. The appellant filed objections against the acquisition of the land for the purpose specified. The objections raised by the appellant were sustained and accordingly, the competent authority vide order dated 21.6.13 directed the Project Director, National Highway Authority, Udaipur to shift the alignment of the road and thus, the lands of the appellant were excluded from the acquisition proceedings.

(3.) The order dated 21.6.13 passed by the competent authority virtually de-notifying the lands of the appellant from acquisition was not challenged by the appellant and the same attained finality. As per the National Highway Authority of India (NHAI), at that time, it was decided not to carry on construction work over the land of the appellant.