(1.) Heard Mr. N. Rai, learned Senior Counsel appearing for the petitioners. It is the case of the petitioners that although the Ministry of Road Transport and Highways had issued a notification in exercise of the powers conferred by sub-sec. (1) of Sec. 3A of the National Highway Act, 1956 for declaring its intentions to acquire certain lands this notification did not seek to acquire their lands as would be evident from the notification itself. However, thereafter, reminder notice dtd. 24/10/2022 was issued to the petitioners under sec. 3(E) of National Highways Act, 1956 directing them to vacate and handover the possession of their property within 20 days of the receipt of this notice. On the perusal of the reminder notices evidently there is no mention of the description of property involved. The learned Deputy Solicitor General as well as the learned Government Advocate appearing for the respective respondents have not been able to point out that the lands of the petitioners for which reminders were issued were part of the notification issued in the year 2017.
(2.) Issue notice upon the respondents in both the writ petition as well as to the stay application. The learned Deputy Solicitor General appearing for the respondent nos. 1 and 2 as well as learned Government Advocate appearing for respondent nos. 3 and 4 accepts notice and waives formal notice thereof. Counter affidavit to be filed within three weeks from today. The petitioners may file their rejoinder within two weeks thereafter. The respondents may also file their response to the application for stay within two weeks.
(3.) List for hearing of stay application on 9/12/2022 until then the respondents shall not take any adverse steps with regard to the concerned lands of the petitioners.