ORDER :

(Sanjay K. Agrawal, J.)

1. This writ appeal preferred under Section 2(1) of the Chhattisgarh High Court (Appeal to Division Bench) Act, 2006 is directed against the judgment and order dated 17-1-2023 passed in W.P.(C) No.3243/2022 by which the writ court has dismissed the writ petition preferred by the National Highways Authority of India (NHAI) – writ petitioner/writ appellant herein declining to issue appropriate writ or direction to de-notify the land in left over stretch at toll plaza location at Km. 84+000 of NH New No.130 (Old No.111) Pathrapali-Katghora Project, finding no merit.

2. Challenge to the impugned order of the writ court has been made on the following factual backdrop: -

3. For the purpose of widening of NH New No.130 (Old No.111) Pathrapali-Katghora Project, some lands situated at Village Madanpur, Tahsil Pali, District Korba and Village Mohanpur, Tahsil Katghora, District Korba, were undertaken for which initial notification under Section 3A of the National Highways Act, 1956 (for short, ‘the Act of 1956’) was published in the Gazette of India vide notification dated 17-6-2020 and thereafter, subsequent notification under Section 3D of the Act of 1956 was published in the Gazette of India dated 5-1-2021 (Annexure A/2). After the aforesaid publication, final awards in terms of Section 3G of the Act of 1956 were passed by the Competent Authority for Land Acquisition/Sub-Divisional Officer (Revenue), Katghora (CALA) for Villages Madanpur and Mohanpur on 19-2-2021 and the award was declared amounting to a total sum of Rs.11,33,05,911/- (Annexure A/3).

4. It is the case of the NHAI/writ petitioner that due to implementation of 100% FASTag, the appellant herein – NHAI has decided that the toll plaza shall be accommodated within 60m RoW for 4-laning project and upon introduction of FASTag, there would not be any further use of toll plaza and it was for this the said land was acquired and now, the Department has dropped the idea of establishing toll plaza, thereby the land is no longer of any use for the NHAI. The matter was discussed with the then SDO (Revenue), Katghora (CALA) on 13-9-2021 and subsequently, the NHAI vide letter dated 13-9-2021, requested the CALA for not to disburse the compensation amount for the said land i.e. 32 Khasras of Village Madanpur and 5 Khasras of Village Mohanpur, since the aforesaid lands were no longer required for the project subsequent to the decision taken by the appellant NHAI (Annexure A/4). It is the further case of the appellant NHAI that on its request, the NHAI Headquarter, New Delhi had withdrawn the limit provided in the joint account and the same was also intimated to the CALA, Katghora vide letter dated 21-9-2021 (Annexure A/5). However, on the issue of non-disbursement of compensation for additional land acquired, the Collector, Korba, vide letter dated 6-10-2021 directed the CALA, Katghora for necessary action in the matter (Annexure A/6.)

5. The NHAI preferred writ petition for issuance of appropriate writ/direction to the State and the CALA to initiate proceeding for de-notification of the land in left over stretch at toll plaza location at km. 84+000 of NH New No.130 (Old No.111) Pathrapali-Katghora Project, as published under Section 3D of the Act of 1956 on 5-1- 2021. That writ petition was dismissed, as mentioned hereinabove, by the learned Single Judge finding that there is no provision in the Act of 1956 for de-notification of the land once vested with the Central Government and the writ petition also suffers from want of necessary party which has been sought to be challenged in this writ appeal.

6. Mr. Dhiraj Kumar Wankhede, learned counsel appearing for the appellant NHAI, would make three fold submissions to question the order of the learned Single Judge, which state as under:-

1. The additional lands acquired pursuant to the notification under Section 3D of the Act of 1956 for establishment of toll plaza are currently in possession of the land owne