JUDGMENT:

Ravindra V. Ghuge, J.

1. Rule. Rule made returnable forthwith and heard finally by consent of the parties.

2. This matter was heard extensively on 1st August, 2023 and on 2nd August, 2023. Since the hearing concluded in the late hours, we have posted the matter today for dictating the order in open Court.

3. The Petitioners have put forth prayer clauses (B) and (C) as under:

"(B) By way of appropriate Writ order or directions in the like nature, the impugned 3A notification dated 03.02.2023 as well as 3D Notification dated 01.06.2023 published by respondent authorities and the order rejecting objection dated 02.06.2023 passed by the Respondents may kindly be quashed and set aside and the respondent authorities be directed to renotify the said notifications by giving correct descriptions of the lands.

(C) Pending the hearing and final disposal of the present Writ Petition, the respondent authorities be restrained from taking any further steps including steps u/s 3E, 3F and 3G of the National Highways Act, 1956."

4. During the pendency of this Petition, the competent Authority delivered an Award on 05.07.2023. In order to challenge the award dated 05.07.2023, which, according to the Petitioners, was passed in undue haste, the Petitioners filed a Civil Application for amending the Petition by setting forth prayer clauses (B-1) and (C-1), as under :-

(B-1) By way of appropriate writ, order or directions in the like nature, the impugned award dated 05.07.2023 passed by the competent authority under the provisions of National Highways Act, 1956 may kindly be quashed and set aside.

(C-1) Pending the hearing and final disposal of the present Petition, the impugned award dated 05.07.2023, passed by the competent authority under the provisions of National Highways Act, 1956 may kindly be stayed and suspended.

5. We permitted the learned Advocates to address the Court for final disposal of the Writ Petition as well as the Civil Application, by indicating that the Civil Application seeking amendment is being allowed. Accordingly, the Civil Application is allowed. The amendment be carried out.

6. The learned Advocates representing the Competent Authority and National Highway Authorities of India (NHAI), have strenuously contended that this Court should not exercise it's extraordinary jurisdiction under Article 226 of the Constitution of India to entertain the prayers for quashing of the award, since the said Award can be assailed under Section 3G of the National Highways Act, 1956. This Court should not entertain the Petition as against the award dated 5th July, 2023 since there is an alternative statutory remedy available, which, according to the Respondents, is efficacious and expeditious. This being one of the contentions of the Respondents, that we have permitted the parties to address us on the issue of entertaining this Petition as well on the merits, in the light of the prayers put forth by the Petitioners in the Petition and in the Civil Application.

7. It would be apposite to reproduce section 3D and 3G of the Act, 1956 as under:

3D. Declaration of acquisition.-

(1) Where no objection under sub-section (1) of section 3C has been made to the competent authority within the period specified therein or where the competent authority has disallowed the objection under sub-section (2) of that section, the competent authority shall, as soon as may be, submit a report accordingly to the Central Government and on receipt of such report, the Central Government shall declare, by notification in the Official Gazette, that the land should be acquired for the purpose or purposes mentioned in sub-section (1) of section 3A.

(2) On the publication of the declaration under subsection (1), the land shall vest absolutely in the Central Government free from all encumbrances.

(3) Where in respect of any land, a notification has been published under sub-section (1) of section 3A for its acquisition but no declaration under sub-section (1) has been published