The main legal point established in the judgment is the obligation to pay compensation and follow due process of law when acquiring property, as well as the need for rehabilitation of affected persons.

JUDGMENT

Shrikant D. Kulkarni, J. - Rule. Rule made returnable forthwith. With the consent of the learned counsel for both the sides, heard finally at admission stage.

2. This bunch of writ petitions can be disposed of by common judgment and order by looking to the similar facts and question of law involved therein.

3. Factual matrix -

(a) The petitioners are resident of different villages situated in Taluka Jalna and Ambad, District Jalna. They own agricultural lands adjacent to National Highway No. 753H (previously known as State Highway No. 176). According to the petitioners, in their agricultural lands, they have their residential houses, wells, fruit trees, bore-well etc. which are also adjacent to the National Highway No. 753H.

(b) The road in question was a small road earlier and it came to be converted into State Highway without payment of any compensation to the petitioners while expansion of State Highway.

(c) It is the stand of the petitioners that the existing width of the road is about 12 meters. The respondents have recently issued a letter of award and started expansion of the road/up-gradation of the road to 30 meters without acquisition of land. The respondents are trying to take forcible possession of the lands of the petitioners. The respondent-authorities have cautioned to the petitioners even to use police force while taking possession. The petitioners have made it clear that they are not opposing for the road widening/up-gradation of road in question but the authority should acquire their respective lands for up-gradation of the roads as per due procedure of law. The authorities while converting the small road into said Highway No. 176, not initiated acquisition proceeding and thereby deprived of compensation of their lands which were acquired. The respondents have started up-gradation of the road in question from Sillod to Wadigodri in a phase-wise manner. The petitioners are concerned with the phase of Dhangar Pimpri to Wadigodri for which the authorities are attempting to take the forceful possession of their lands under the pretext of resolution regarding adjacent lands of road which need not require acquisition. The stand taken by the authorities is not genuine.

(d) According to the petitioners, the Government or the State authorities cannot take possession of land of any land owner without following due procedure of law. Article 300-A of the Constitution provides that no person shall be deprived of his property save by the authority of law. The action initiated by the respondent-authorities thereby taking forcible possession of the lands belonging to the petitioners for road widening by showing the Government Resolution is contrary to the provision of Article 300-A. All the petitioners are similarly situated. It is their common grievance and apprehension that the respondent-authorities may take forcible possession of their respective lands without following due process of law. In the above premise, they have rushed this Court by invoking extraordinary jurisdiction of Article 226 of the Constitution of India.

The stand of the Chief Engineer (National Highway, P.W.D., Executive Engineer, National Highway Division/ Union of India (Respondent Nos. 2,4 and 7)

(e) According to respondent Nos. 2, 4 and 7, the road in question is a part of National Highway No. 753H in view of Central Government Notification/Gazette dated 06.02.2018. Previously, the said road was known as State Highway and it was under the control of Government of Maharashtra and under the jurisdiction of Executive Engineer, P.W.D. Jalna. The road in question is in a possession of the Government since last more than 40 years. The disputed road was a State Highway No. 50A and in the year 1981-2001, it was declared as State Highway No. 176 and in the year 2001-2021, same is declared as major State Highway No.13. The said major State Highway is dec