The court emphasized the necessity for coordination between the NHAI and the Collector regarding land conversion when acquisition proposals are underway, asserting that prior notifications must be heeded.

ORDER :

SUNITA AGARWAL, C.J.

1. A very serious issue pertaining to conversion of the agricultural land for non-agricultural purposes by granting NA permission during the preparation of the proposal by the National Highway Authority of India (NHAI) for the purpose of acquisition of the land in question for construction/ widening of the national highway, has been raised in this petition.

2. As noted in the order dated 30.10.2024, the order for conversion of the land into NA land was passed by the District Magistrate/Collector, Jamnagar on 22.06.2023. The NHAI had sent a communication dated 26.05.2023 disclosing their intention to acquire certain parcels of land of village Dhrol and Mavapur of Dhrol Taluka and village Mavnugam of Jodiya Taluka, with a request made to the Collector not to proceed for conversion of usage of any land as it would entail additional financial burden on the acquiring body.

3. In the affidavit filed on behalf of the Collector in response to the order dated 30.10.2024, it is sought to be submitted that the communication dated 26.05.2023 of the NHAI disclosing their intention to acquire certain lands of the villages noted hereinabove, was a general intimation of the intention of the NHAI, prior to issuance of the notification under Section 3A of the National Highways Act, 1956. The competent authority in its affidavit filed on behalf of the respondent has further stated that the NHAI though vide letter dated 08.06.2023 had requested the District Inspector of Land Records (DILR) to provide necessary maps, but no proceedings for acquisition had been undertaken nor Survey numbers had been finalized instead of that the NHAI wrote in the letter dated 26.05.2023 asking the Collector not to proceed with any conversion of the land.

4. From this approach of the respondents in the aforesaid affidavit of the Prant Officer dated 16.12.2024, at least, it is evident that there is no dispute about the communication sent by the NHAI of 26.05.2023 intimating that there was a proposal for acquisition of land of the aforesaid villages and the Collector should not proceed for conversion of the land. There is also no dispute about the letter dated 08.06.2023 sent by the NHAI to the DILR for preparation of the map for finalizing the proposal for acquisition.

5. The submission of Mr. Mauilk Nanavati, learned advocate appearing for the NHAI that the NHAI has to act in coordination with the administrative authorities, namely the Office of the District Collector which is having the entire record pertaining to the land to be included in the proposal for acquisition. Once the intimation is given to the Collector that the NHAI is proposing for acquisition of the land of village Dhrol and Mavapur of Dhrol Taluka and village Mavnugam of Jodiya Taluka, it was incumbent on the Collector to verify and wait for some time before proceeding for conversion of the land in question, on the premise that there was no acquisition proposal of the NHAI.

6. We are of the prima facie view that it is the duty of the Office of the Collector to provide all logistic support to the NHAI, constituted for the purpose of execution of the project of construction of the National highways in the entire country. The Court may also take judicial notice of the fact that once acquisition proposals are underway, and the administrative authorities are informed, they are required to be careful in making conversion of the land as it is prevalent to seek conversion for the lands from agricultural to non-agricultural operations whenever a talk for acquisition is in the town.

7. We take exception to the stand of the State authorities that only after issuance of the notification under Section 3A, the NHAI could notify to the District Collector about the proposal for acquisition. The statement in Paragraph No.'30' of the affidavit of the Prant Officer filed on behalf of the respondent that the action of the NHAI in directly approaching the Collector before publication of the notifica