ORDER :

1. The present writ petition has been preferred for issuance of direction upon the respondents no.3 to take a final decision on the objection filed by the petitioner under Section 3 C (1) of the National Highway Authority Act, 1956 (hereinafter to be referred as ‘the Act, 1956’) pursuant to the objection invited through Gazette notification dated 29.01.2021 published in local daily newspaper ‘Hindustan’ on 06.02.2021. Further prayer has been made for issuance of direction upon the respondent no.3 not to send the report to the Central Government under Section 3D of the Act, 1956 unless and until decision is being taken by the concerned respondent on the objection filed by the petitioner. The petitioner has also prayed for issuance of direction upon respondent nos.1 & 2 not to publish the notification in the official Gazette with respect to acquisition of the land in question until a decision is taken by the competent authority on the objection filed by the petitioner. It has further been prayed for issuance of direction upon the respondent no. 2 to review the alignment of the proposed four lane road only with respect to the land in question especially in view of the fact that the petitioner has setup a steel factory over the land proposed to be acquired by the respondents, which is in a position of ready to run, whereas there is a huge chunk of vacant/barren “Gairmajarua” land adjacent to the said land, which can conveniently be utilized for construction of the proposed four laning of NH-23 (now NH-320).

2. Learned counsel for the petitioner submits that the petitioner has purchased the land, appertaining to plot nos.165, 166 & 170 of Khata Nos.1/2 and plot no.160 of Khata no.33, Khewat No.1, Tauzi No.28, Thana No.24, Mauza Bantara, P.S. Gola, Pargana Gola vide two sale deeds dated 20.09.2019 and 29.07.2020, measuring an area of 04 acres & 34.33 decimals and 05 acres & 14.67 decimals, respectively (total area 9.49 acres). Thereafter, a steel factory was established by it for manufacturing of M. S. ingot and slag. At present, 20 people are directly employed in the said factory and approx. 500 local people will get job opportunity once the petitioner’s factory unit starts.

3. The Central Government issued a gazette notification dated 29.01.2021 published in local daily newspaper ‘Hindustan’ on 6th February, 2021 showing its intention to acquire land concerning several villages of Ramgarh for widening four laning of N.H.23 (now N.H.320) under Bharatmala Project pertaining to Jaina More-Gola-Ormanjhi Section including land of Bantara village from K.M. 55.650 to K.M. 71.323 (Gola-Ormanjhi Section). In the proposed acquisition, a big chunk of the aforesaid land of the petitioner has also been included, which is situated almost in the middle of the petitioner's project, and the same will completely ruin its entire newly setup steel factory unit.

4. The petitioner filed an objection on 17.02.2021 under Section 3C(1) of the Act, 1956 explaining entire facts and also suggested/requested for acquiring the adjacent Gairmajarua land by slightly changing the alignment of the proposed four lane so as to save its factory unit. On receipt of the objection, the District Land Acquisition Officer, Ramgarh-respondent no.3 registered the same as Land Acquisition case no.1/2020-21 and vide memo no.271 dated 07.04.2021 directed the petitioner to appear on 19.04.2021 for pursuing its objection with a condition that in case of non-appearance on the said date, there would be no further hearing. The petitioner appeared before the respondent no.3 through its counsel on 19.04.2021, however, the case was not heard on the said date. Thereafter, neither any notice nor opportunity of hearing was given to the petitioner. The petitioner again approached the respondent no.3, however, no specific information was provided to it. The respondent-NHAI in its counter affidavit has, however, annexed a copy of the final order dated 16.07.2021, whereby the petition