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2015 Supreme(Guj) 122

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ANANT S. DAVE and MOHINDER PAL, JJ.
KHEDUT HIT RAKSHAK SAMITI – Applicant
Versus
NATIONAL HIGHWAY AUTHORITY OF INDIA - Opponent
WRIT PETITION (PIL) NO. 283 of 2013
Decided On : 10/03/2015

Advocates:
Advocate Appeared:
MR BM MANGUKIYA, ADVOCATE for the Applicant(s) No.1-108.1 , 109-135 MS BELA A PRAJAPATI, ADVOCATE for Applicant(s) No.1-108.1, 109-135 MR JK SHAH APP for the Opponent(s) No. 3 - 4 MR DEVANG VYAS, ASG for the Opponent(s) No. 7 MR MIHIR JOSHI Senior Advocate with MR MAULIK G NANAVATI, ADVOCATE for the Opponent(s) No. 2

Headnote:

Acquisition of land Act, 1984 - Section 5-A - Constitution of India, 1950 - Article 226 - National Highways Act, 1956 - Sections 3-A and 3-C - Petition under Article 226 of the Constitution of India is filed by the petitioner challenging the action of respondent No.1 - National Highway Authority of India and other authorities viz. respondent Nos. 2 to 4 of acquiring land of petitioner Nos.2 to 135, who are agriculturists and occupying subject lands – The petitioner No.1 is an unregistered Association in the name and style of `Khedut Hit Rakshak Samiti' representing all petitioners, who are not well informed and unable to ventilate their grievances, and therefore, on their behalf and interest extraordinary jurisdiction of this Court is invoked under Article 226 of the Constitution of India. Initially, considering the statement at page 11 of the writ petition that the petition is semi-PIL, by order the matter was ordered to be listed before appropriate Bench taking PIL cases and accordingly this petition is treated as Writ Petition/PIL – Held, Construction of by-pass for NH 8A is absolutely necessary in public interest for which use of land is necessary with twin objects of enhancing traffic capacity and safety in efficient transportation of passengers as well as goods on route - Petition Dismissed.

JUDGMENT :

ANANT S. DAVE, J


This petition under Article 226 of the Constitution of India is filed by the petitioner challenging the action of respondent No.1 – National Highway Authority of India [for short, NHAI'] and other authorities viz. respondent Nos. 2 to 4 of acquiring land of petitioner Nos.2 to 135, who are agriculturists and occupying subject lands. The petitioner No.1 is an unregistered Association in the name and style of `Khedut Hit Rakshak Samiti' representing all petitioners, who are not well informed and unable to ventilate their grievances, and therefore, on their behalf and interest extraordinary jurisdiction of this Court is invoked under Article 226 of the Constitution of India. Initially, considering the statement at page 11 of the writ petition that the petition is semiPIL, by order dated 23.10.2013 the matter was ordered to be listed before appropriate Bench taking PIL cases and accordingly this petition is treated as Writ Petition / PIL.

2 The petitioners have made following prayers:

“[A] Be pleased to admit this petition.

[AA] Be pleased to issue a writ in the nature of mandamus and;or any other appropriate writ, order or direction in the nature of mandamus, and to quash and set aside the impugned Award recorded by the respondent dated July 18, 2014 – ANNEXUREEE.

[B] Be pleased to issue a writ of mandamus and/or any other appropriate writ order or direction in the nature of mandamus, and to quash and set aside the impugned order dated July 08, 2013 to July 12, 2013, recorded by the competent authority – Special Land Acquisition Officer and consequent notification issued by the respondent dated August 06, 2013 for acquisition of land of the petitioners and others for laying down of by pass on the National Highway No.8D which commences from 23.00 km. to 43.05 km. Of the State National Highway No.8D leading from Somnath.

[BB] Pending hearing and final disposal of this petition, be pleased to stay the implementation, execution and operation of the impugned Award recorded by the respondent dated July 18, 2014 – AnnexureEE.

[C] Pending admission and final disposal of the present petition, this Hon'ble Court be pleased to stay the implementation, execution and operation of the impugned order dated July 08, 2013 to July 12, 2013 recorded by the Special Land Acquisition Officer and the consequent notification dated August 06, 2013 and be further pleased to direct the respondents, their agents and servants that they shall not take any steps to forcibly or otherwise enter in the lands of the petitioner and/or to disturb the possession of the said pieces of land, in any manner whatsoever”.

3 According to the petitioners following is the factual matrix of the subject dispute:

3.1 The Government of India through its Ministry of Roads and Highways contemplated to enhance the traffic capacity and safety for the efficient transshipment of the goods as well as passengers traffics of few of the selected heavily traffic stretch or corridor of the National Highway which was sought to be implemented on the basis of Design, Build, Finance and Operate Project. The project of developing national highway 8D from the junction of national highway 8B and national highway 8D near Jetpur town upto Somnath Temple was envisaged for laying down National Highway of four lane. The total length of the said corridor is of approximately 127 kms. One M/s. Reassociate South Asia Private Limited, New Delhi (hereinafter referred to as “the Consultant” for short) was appointed to prepare a technical feasibility report. As per the procedure followed by the Central Government and National Highway Authority, before submitting final report by the Consultant, the Environmental Impact Assessment Report (hereinafter referred to as “EIA Report” for short) is first prepared by the consultant, then same is placed for general opinion / objection of the public on its website and thereafter environmental clearance hearing takes place. AS per the information submitt



















































































































































































































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