(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. The petitioners have called into question acquisition of their lands pursuant to the notification dated 10.6.2010 issued under section 3-A of the National Highways Act, 1956, pursuant to which subsequent proceedings have also been undertaken. Learned AGP Mr.Nanavati appearing for respondent No.4 fairly conceded that the impugned notification published in the gazette of India was admittedly in Hindi language and the subsequent publication thereof in the newspapers Divya Bhaskar and Indian Express dated 25.6.2010 have also been in Hindi and English. By virtue of clear and express provisions of sub-section (3) of section 3-A of the aforesaid Act, the competent authority is required to cause substance of the notification to be published in two local newspapers, one of which has to be in vernacular language. It also could not be disputed that by the recent decision dated 29.12.2011 of the Division Bench of this Court in Special Civil Application No.10826 of 2011, it is categorically held that publication of the notification in the newspaper otherwise than in vernacular language would amount to not following mandatory provisions of section 3-A(3) of the Act. Therefore, in view of the admitted position of law, the petitions were required to be allowed without entering into merits of other contentions.
2. Accordingly, the petitions are allowed and the impugned notification dated 10.6.2010 and the actions taken pursuant thereto are set aside. However, as it could be clearly observed and could not be disputed that an important project of development could be held up or delayed on account of possible misreading of clear and express provisions of law, it would reflect upon the competence and sincerity of the officers concerned. In the facts of the present case, it was submitted by learned counsel Mr.Khare appearing for respondent No.3 that the project has not been delayed in the peculiar facts of the case as the process of acquiring other lands is still under way. Therefore, the petitions are allowed as aforesaid and Rule is made absolute without imposition of appropriate costs.
(D.H.Waghela,J) (Mohinder Pal,J) pathan Top