(Per : HONOURABLE MR.JUSTICE A.L.DAVE) By this petition, the petitioners seek following reliefs:
"(A) admit this the petition;
(B) issue appropriate writ, order or direction quashing and setting aside the impugned notification issued by the Authority under Section 3 (A) of the National Highways Act, 1956 dated 19th October, 2010 Annexure-I;
(C) issue appropriate writ, order or direction restraining the respondents, their agents and servants from further proceedings of acquisition of lands enumerated in the notification published under Section 3 (A) of the Act (Annexure-I), during the pendency and final hearing of this petition;
(D) issue appropriate writ, order or direction restraining the respondents, their agents and servants from taking possession of the lands enumerated in the notification published under Section 3 (A) of the Act (Annexure - I), during the pendency and final hearing of this petition;
(E) Be pleased to issue appropriate an order and set aside all acquisition proceedings.
(F) grant such and further relief/s as it is deemed necessary in the interest of justice."
2. Heard learned Advocate Ms.Sheeja Nair on behalf of learned Advocate Mr.G M Amin for the petitioners, learned Advocate Mr.Narendra Khare for respondents No.1 and 2 and Ms.Mehta, learned Assistant Government Pleader for respondents No.3 and 4.
3. The petitioners No.2 to 8 are residents of villages Vadal, Vadhavi, Nandarkhi, Galiawada, Koyli and Shahpur of District Junagadh. Petitioner No.1 is an Association formed by affected farmers whose lands are likely to be acquired for widening of Jetpur-Somnath National Highway No.8-D.
4. As can be seen from the averments made in the petition, the petitioners in substance, challenge Notification issued under Section 3[A] of the National Highways Act, 1956 dated 19/10/2010 (Annexure-I) to the petition. The rest of the reliefs are consequential in nature.
5. It is not in dispute that similar petition was earlier preferred by several petitioners bearing SCA No.10826 of 2011, which has been disposed of by a coordinate Bench of this Court by a CAV judgment dated 29/12/2011 in following terms:
"37 In the result, the petition is partly allowed. The Notification dated 19th October,2010 issued under Section 3A(3) of the National Highways Act, 1956, is quashed and set aside and accordingly the subsequent proceedings undertaken by the respondents-authorities are held to be null and void. Rest of the prayers are rejected. Rule is made absolute to the aforesaid extent only. There shall be no order as to costs."
6. In light of the above order, the question of granting the first relief prayed for in the present petition does not survive, as it is already granted by a coordinate Bench. So far as relief Nos. (C) & (D) are concerned, they are for interim-reliefs, and once this Court has disposed of earlier petition by quashing and setting aside the Notification sought to be quashed and set aside again, and the petition is being disposed of, these reliefs do not survive.
7. This petition, therefore, stands disposed of by holding that the Notification dated 19/10/2010 (Anneuxre-I) issued under Section 3[A] of the National Highways Act, 1956 as sought to be quashed and set aside, already stands quashed and set aside by earlier order referred to herein above by a coordinate Bench of this Court. The petition stands disposed of accordingly. No order as to costs.
(A L DAVE, J.) (MOHINDER PAL, J.) sompura Top