The court emphasized the importance of timely filing of objections in land acquisition proceedings and the limited scope of judicial review in such matters, particularly when the project is for public interest and substantial expenditure has already been incurred.

JUDGMENT :

1. Though the matters are listed in the ‘Orders Category’, but they are being heard today itself with the consent of counsel for both the parties.

2. Since common questions of facts and law are involved in the present batch of petitions, therefore, this Court deems it appropriate to dispose of these writ petitions by this common order. However, for the sake of convenience, facts of S.B. Civil Writ Petition No.15880/2021 are taken note of.

3. The present writ petition (SBCWP No.15880/2021) has been filed under Article 226 and 227 of the Constitution for the following reliefs:-

“1. By an appropriate writ order or direction, the notification dated 13.03.2020 (Annex.5) published in newspaper on 22.08.2020 under Section 3A of the National Highways Act 1956 may kindly be declared illegal and be quashed and set aside qua the petitioners with respect to land mentioned in paragraph number 10 and 11.

2. By an appropriate writ order or directions, notification dated. 29.10.2020 (Annex.6) published in newspaper on 07.11.2020 (Annex.6) issued under Section 3D of the National Highways Act 1956 may kindly be declared illegal and be quashed and set aside qua the petitioners with respect to land mentioned in paragraph number 10 and 11.

3. By an appropriate writ, order or directions, the objection application dated. 28.10.2021 (Annex.10) preferred before the competent authority (Land Acquisition Authority, Sub Divisional Officer, Bhilwara) may kindly be allowed in toto and the acquisition may kindly be declared null and void qua the petitioners with respect to land mentioned in paragraph number 10 and 11.

4. By an appropriate writ, order or directions, the objection application preferred by the petitioner may kindly be treated to be within limitation in pursuance to the directions given by the Hon’ble Supreme Court in the case of Suo Moto (Civil) Writ No.3/2020) RE; Cognizance for Extension limitations and the objections may kindly be treated to be within limitation under Section 3C of the Act of National Highways Act, 1956 and be decided on merits in accordance with law.”

4. The facts apropos are that the petitioners, being the residents of Tehsil Asind, District Bhilwara came to know about the acquisition proceedings initiated by the respondents for construction of National Highway No.158 for Ras Beawar Asind Mandal area or part of the proposed National Highway beginning from 68.017 to 89.8 kilometers. Since the petitioners’ land falls adjacent to the National Highway, therefore, they came to know that their land is sought to be acquired by the respondents for the purpose of development of National Highway and there was a public news to this effect. The petitioners obtained certified copies from the office of the respondents in order to ascertain the veracity, legality and validity of the land acquisition proceedings initiated by the respondents under the National Highways Act, 1956 (for short, ‘the Act of 1956’). Upon receipt of certified copies from the office of the Sub Divisional Officer, Bhilwara, the petitioners came to know about an objection application preferred by certain other persons, who were affected by the acquisition proceedings. In the representation dated 01.04.2021 (Annex.1), a grievance was raised that the land acquisition plan, as notified in the notification dated 29.10.2020 (Annex.6), when compared with the revenue record, it showed certain differences which goes to the root of the cause and, therefore, it was requested in the said representation (Annex.1) to the competent authority to re-demarcate the land after making an inquiry into the matter.

5. The petitioners also received a copy of the Detailed Project Report (DPR) maintained for the Village Paldi, wherein, the Right Hand Side (RHS) and Left Hand Side (LHS) of the Right of Way sought to be acquired by the respondents measured about 15 meters from the centre of the road and when the same was compared with the approved map for the Village Paldi, it was fou