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2023 Supreme(P&H) 2236

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

Advocates Appeared:
Mr. Aashish Chopra, Sr. Advocate with Mr. Gagandeep Singh, Advocate; For the Petitioner (in CWP-3294-2022).
Mr. R.Kartikeya, Advocate; For the Petitioners (in CWP-18847-2022 & CWP-24109-2022).
Mr. Pankaj Bali, Advocate; For the Petitioners (in CWP-5695-2022).
Ms. Radhika Suri, Sr. Advocate with Mr. Sidhant Suri, Advocate; For the Petitioner (in CWP-11159-2020).
Mr. Ivneet Singh Pabla, Advocate; For the Petitioner (in CWP-17847-2023).
Mr. Satya Pal Jain, Addl. Solicitor General of India, with Mr. Ashish Rawal, Advocate for the respondent No.1- Union of India.
Mr. Ankur Mittal, Addl. A.G., Haryana with Mr. Saurabh Mago, DAG, Haryana.
Mr. Chetan Mittal, Sr. Advocate Mr. R.S. Madan, Mr. Mayank Aggarwal, Mr. Nitin Goyal, Mr. Mahender Joshi and Mr. Sunil K. Sahore, Advocates for the respondent-

Headnote:(A) National Highways Act, 1956 - Section 3A(1) and Section 3D - Writ petitions seeking quashing of notifications for land acquisition for National Highway purposes - Claims of petitioners rejected as the acquisition was deemed lawful and necessary for public interest, with emphasis on expert evaluation of layout plans and public utility of the highway. (Paras 1, 3, 12, 19, 39)

(B) Eminent Domain - Postulates necessity and authority of government for lawful land acquisition despite arguments against it; public interest supersedes private interests. (Paras 15, 31, 38)

(C) Environmental Clearance - No requirement for prior environmental clearance as construction had not commenced, acceptable as per project evaluations. (Paras 21, 25)

(D) Judicial Review - Courts should respect expert decisions on engineering and alignment matters of road projects; cases dismissed successfully affirmed with costs awarded. (Paras 30, 39)

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.

Relief(S) Asked For In C Wp-5695-2022

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.

Relief(S) Asked For In Cwp-11159-2020

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

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