The scope of judicial review in acquisition matters is very limited and the courts can nullify the acquisition of land and in rarest of rare case, the particular project, if it is found to be ex-facie contrary to the mandate of law or tainted due to malafides.

JUDGMENT

The instant writ petition has been filed by the petitioners challenging the validity of notification dated 21.08.2018 and declaration dated 21.12.2018 issued under Section 3A(1) and 3D respectively of the National Highways Act, 1956 (hereinafter shall be referred to as 'the Act of 1956') and the award dated 08.03.2019 passed under Section 3G of the Act of 1956.

2. The facts, as pleaded in the writ petition, in nutshell, are that father of the petitioners had purchased land in February, 2002 admeasuring 0.64 hectare in Khasra No.4177 of village Pinan, Tehsil Rajgarh, District Alwar. The land use of the aforesaid land was converted for petrol pump measuring 1973.94 Sq.Mtrs. and further the land was converted for commercial use vide order dated 27.01.2004, as per the order passed by the Sub Divisional Officer, Rajgarh, District Alwar and the remaining land 2092.20 Sq.Mtrs. remained unconverted as 'Barani'.

3. The petitioners have pleaded that their father after setting up a petrol pump, as allotted to him by the Indian Oil Corporation Limited, executed a gift deed of an area measuring 2092.20 Sq.Mtrs. in favour of the petitioners-four daughters and mutation was also sanctioned accordingly by the revenue authorities. The father of the petitioners transferred the dealership in favour of his four daughters in the name of M/s.Jai Ambey Indian Oil Company on 25.11.2010.

4. The petitioners have further pleaded that after demise of their father, the land admeasuring 1973.94 Sq.Mtrs. was mutated in the name of the petitioners viz., Vimla, Sarla, Nirmala and Urmila and due to demise of Smt.Vimla in the year 2018, her share was transferred to her legal representatives i.e. proforma respondents No.5 to 7 viz., Bajrang Singh, Krishna Kumar and Suman. The petitioners have pleaded that they and the proforma respondents are in the possession of the land in question being recorded khatedars and owners.

5. The petitioners have pleaded that the respondent-Ministry of Road, Transport and Highway, Government of India, New Delhi in order to acquire the land belonging to the petitioners and others for the purpose of building (widening/two/four laning with paved shoulder etc.) maintenance, management and operation of National Highway No.148N in the stretch of the land from KM 79.395 to KM 149 in the District Alwar, Rajasthan, issued notification dated 21.08.2018 under Section 3A(1) of the Act of 1956. The said notification was also published in the daily newspapers-Times of India and Dainik Bhaskar, as per Section 3A(3) of the Act of 1956 and further objections were invited from the aggrieved persons.

6. The petitioners have pleaded that the Additional Collector, Alwar was appointed as Competent Authority and Land Acquisition Officer (hereinafter shall be referred to as 'the CALA') to hear the objections in response to the notification issued under Section 3A(1) of the Act of 1956.

7. The petitioners have further pleaded that they filed their objections within the prescribed period indicating that nature of the land was wrongly shown as Barani because the said land had already been converted for commercial purpose i.e. for running petrol pump and the remaining land was residential.

8. The petitioners objected that their father being a freedom fighter was allotted a petrol pump and as such after his death, the petrol pump was the only source of livelihood and they had made a huge investment for commissioning and running of the said petrol pump. The petitioners also raised an objection that no appropriate survey of the land was done before acquisition and request was made for dropping the acquisition. The petitioners have pleaded that objections filed by them were duly acknowledged and 08.10.2018 was the date fixed for hearing the objections.

9. The petitioners have further pleaded that the date fixed for hearing the objections was preponed for 04.10.2018 and the persons whose land was acquired were asked to remain present either through lawyer or in per