ORDER :

1. The Ministry of Road Transport and Highways issued a notification in exercise of power conferred by Sub Section 1 of Section 3 (A) of the National Highways Act, 1956 (for short the Act) on 04.04.2021, whereby the ministry declared its intention to acquire land of the petitioners for up-gradation and four lanning of Paonta Sahib Ballupur (Dehradun) Section from Km. 104.00 to Km 149.00 and bye pass to Paonta Sahib Km 97.00 to Km 104.00 of National Highway No. 72 for re-alignments and link roads for building (widening/two-lane with paved shoulder/four lanning etc.) maintenance, management and operation of NH 72 in the stretch of land from Km 97.00 to Km 104.00 (Paonta Sahib bye pass).

2. The petitioners got information that the respondents have issued a notification for declaring their intention to acquire their land. The petitioners vide an application to the Minister for Road Transport and Highways and to the Chairman of NHAI prayed for restraining the respondents from the construction of bye pass road from their land and requested to carry out the construction of bye pass road from the previous survey i.e. from Bata Bridge Flyover or from Ranbaxy Chowk. The petitioners filed objections under Sub Section 1 Section 3 (c) before respondent no. 4 qua re-alignment of bye pass road to Paonta Sahib.

3. The objections preferred by the petitioners were returned on the ground that the same have been filed at a belated stage. The petitioners being aggrieved by the arbitrary action of the respondents preferred CWP No. 3646 of 2021 which was allowed by this Court thereby directing the respondents to consider the objections of the petitioners on merit. The objections were again filed on 19.07.2021 before the competent authority of land acquisition-cum-SDO (C) and the same were dismissed vide order dated 30.09.2021.

4. Feeling aggrieved by the order of the competent authority of land acquisition-cum-SDO, the petitioners have filed the instant petition for the grant of following substantive reliefs:

(a) to set-aside order dated 30.09.2021 (Annexure P-X) passed by the Competent Authority under Land Acquisition-cum-Sub Divisional Officer (Civil), Paonta Sahib, District Sirmour.

(b) to direct the respondents to realign the intersection of the proposed bye-pass to Paonta Sahib Km 97.000 to 104.000 of National Highway No. 72 for re-alignments and link roads for building (widening/two-lane with paved shoulder/four lanning etc.) maintenance, management and operation of NH 72 in the stretch of land from Km 97.000 to Km 104.000 (Paonta Sahib By-pass) in District Sirmour, Himachal Pradesh.

(c) to direct the respondent No. 5 to shift its petrol pump 100 meter beyond the proposed intersection.

5. The respondents have contested the petition by filing reply wherein it is averred that the NHAI has undertaken the up-gradation work of Paonta Sahib to Ballupur (Dehradun) (NH-72) from Km 97.000 to 104.000. The alignment for the Paonta Sahib Bye pass was selected after the study of many alternate alignments including elevated underground and at grade level by the DOR consultants M/s Yogma Engineering Co. Ltd. The said alignment of the bye pass has been finalized after considering all the site constraints and Indian Road Congress (IRC) and Ministry of Road Transport and Highways (MoRT&H) guidelines. The consultant has planned the final alignment of the bye pass to reduce traffic congestion in Paonta Sahib town which subsequently leads to reduction in accidents and the same was concurred by the Authority as per the norms.

6. It is further averred that minimum number of structures are under acquisition/demolition in the final planned alignment. The consultant initially submitted the Final Alignment Option Study Report in June 2020. Further, the consultant vide letters dated 02.08.2021 and 20.09.2021 discussed, in detail, the alignment alternative in response to alternate alignments proposed by the petitioners.

7. It is averred that the land in question has been no