IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SURESHWAR THAKUR, KULDEEP TIWARI, JJ.
The Learning Curve Educational Trust – Petitioner
Versus
Union of India & Ors. – Respondents
CWP NO. 3294 of 2022
Decided On : 22-08-2023
JUDGMENT
Sureshwar Thakur, J.
Since the present set of writ petitions arise from an alike or common notification(s) for acquisition, as became made by the corespondent No.1, through its exercising the powers conferred by sub-section (1) of section 3A of the NATIONAL HIGHWAYS ACT , 1956 (hereinafter referred to as the 'Act of 1956'). Therefore, all the writ petitions are amenable for being decided through a common verdict.
2. However, yet it is deemed imperative to reproduce the relief(s), as claimed in each of the writ petition (supra).
Relief(S) Asked For In Cwp-3294-2022
3. The petitioner-Trust seeks quashing of notification bearing No.S.O.3497(E), as became made on 26.08.2021, and, as becomes enclosed in Annexure P-8, where through, the corespondent No.1 thus declared its intention to acquire the lands of the petitioner-Trust, along with some other parcels of land, for the purpose of building (widening/two-four laning etc.), maintenance, management and operation of the newly proposed National Highway Ambala Ring Road, in the stretch of land from km. 0+000 to km. 41+472 in District Ambala.
Relief(S) Asked For In Cwp-18847-2022
4. The petitioners herein seek relief for the quashing of notification bearing No.S.O.3497(E), as became made on 26.08.2021, and, as be-comes enclosed in Annexure P-8, where through, the corespondent No.1 has declared its intention to acquire certain parcels of land, including the lands of the petitioners, for the very purpose, which becomes unfolded in CWP-3294-2022.
5. The further relief, as asked for in the instant writ petition, relates to quashing of notification bearing No.S.O.2963(E), as became drawn, on 30.06.2022, in exercise of the powers conferred by sub-section (1) of Section 3D of the Act of 1956, and, which becomes enclosed in Annexure P-16.
Relief(S) Asked For In Cwp-24109-2022
6. The petitioners herein seek thus reliefs, similar to the ones, as become asked for in CWP-18847-2022, inasmuch as, (i) for quashing of Annexure P-20, which carries a notification bearing No.S.O.3497(E), and, as became made on 26.08.2021, and, (ii) for quashing of Annexure P-25, wherein, becomes enclosed a notification bearing No.S.O.2963(E), as drawn on 30.06.2022.
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7. The petitioners herein have also asked for the quashing of notification bearing No.S.O.3497(E), as became made on 26.08.2021, and, as becomes enclosed in Annexure P-7, where through, the corespondent No.1 thus declared its intention to acquire the lands of the petitioner-Trust, along with some other parcels of land, for the very purpose, which becomes extracted in the CWP-3294-2022.
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8. The sole petitioner herein seeks quashing of the notifications/ declarations, as become respectively enclosed in Annexures P-8 and in P12, and, as became respectively drawn on 27.09.2017, and, on 21.06.2018, respectively under sub-section (1) of Section 3 -A, and, under Section 3 D of the Act of 1956. The petitioner further seeks quashing of the award (Annexure P-14), besides he also seeks quashing of the notice (Annexure P-15), and, of the order (Annexure P-19).
9. The last relief, as asked for in the instant petition, is for making a mandamus upon the respondent(s) concerned, to release the petitioner's lands from acquisition.
Relief(S) Asked For In Cwp-17847-2023
10. The petitioner herein seeks the quashing of:- (i) notification bearing No.S.O.3497(E), as became made on 26.08.2021, and, as becomes enclosed in Annexure P-3; (ii) of notification bearing No.S.O.2963(E), as became drawn, on 30.06.2022, and, as becomes enclosed in Annexure P-12, and, (iii) besides seeks quashing of the impugned award.
11. The petitioner also seeks the making of a mandamus, upon, the corespondents No.1 and 3, for providing service lane alongside the pro-posed alignment, with a right to user thereof up to Naraingarh Road, in lieu of his blocked revenue rasta.
Submissions Of Learned Counsel(S) For Petitioner(S), And
The only reason assigned by the Division Bench of the High Court for upsetting the well-considered order passed by the learned Single Judge negating the respondents' challenge to the acquisition was ....
The NHAI has the discretion to determine highway alignment and land acquisition processes, with judicial review being limited to instances of legal violations or mala fides.
The court clarified that the declaration of land as a National Highway before acquisition and the Competent Authority's order under the 1956 Act do not require strict adherence to judicial procedures....
The court upheld the validity of land acquisition proceedings under the National Highways Act, confirming the necessity of adherence to statutory requirements while emphasizing the priority of public....
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