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HIGH COURT OF GUJARAT
MRS. JUSTICE SUNITA AGARWAL, CJ, MR. JUSTICE PRANAV TRIVEDI, J
NATIONAL HIGHWAYS AUTHORITY OF INDIA – Appellant
Versus
DISTRICT COLLECTOR JAMNAGAR – Respondent
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 th
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 he....
Land plans and other details of the land covered under the notification are available and can be inspected by the interested persons at the aforesaid office of the competent authority” there is suffi....
The court held that the National Highways Authority of India can acquire land for road safety advocacy as it falls within its statutory functions under the National Highways Act.
The court affirmed that the declaration of a road as a national highway is not a prerequisite for land acquisition under the National Highways Act, emphasizing public interest in infrastructure devel....
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