CHAND KUMARI PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition, the petitioners have prayed for quashing the notification dated 14.1.2011 published in the local newspaper dated 19.2.2011 (Annexure-3) issued under Section 3D(1) of the National Highways Act, 1956 (hereinafter to be referred as the said Act). It has been stated that without deciding the objection submitted by the petitioners under Section 3C(1) of the said Act, the competent authority (respondent No. 5) has proceeded with the acquisition. The process is illegal and is liable to be quashed.

(2.) A counter affidavit has been filed on behalf of the respondents stating, inter alia, that on the basis of the objection filed by the petitioners and other interested persons, enquiries were made at various levels. The main objection of the petitioners is regarding the alignment of the road between Pillar No. 36-A to Pillar No. 18 in village Singhani to Oriya, which according to the petitioners affects at least 60 built up concrete houses. The road construction work in either side of village Singhani and Oriya is in advanced stage. The distribution of compensation for the land acquired adjoining to the said villages affected by Hazaribag bye-pass lane is also at the advanced stage. The alignment passing through the said area has been finalised after conducting thorough survey by consultant engaged by National Highways Authority of India and the same has been found to be the best possible alignment. All the processes were completed and notification under Section 3D of the said Act has been published. The land vested in the Central Government after publication of notification under Section 3D of the said Act and declaration under Sub-section (1) cannot be called in question by any other authority. The petitioners' writ petition is not maintainable and is; liable to be dismissed.

(3.) I have heard learned counsel for "he parties and considered the facts and materials on record.