Hon'ble Jayant Banerji,J.
(Per: Hon'ble Jayant Banerji, J.) Heard learned counsel for the petitioner and learned counsel appearing for the respondent no. 1- Union of India. Learned Standing Counsel appears for the respondent nos. 3, 4 and 5.
This writ petition has been filed by the 65 petitioners seeking the following relief:
"(I) Issue a writ, order or direction in nature of mandamus commanding the respondents to acquire the Bhumidhari plots belongs to the petitioners for using the land widening and improvement construction of Ram Janki Marg (NH227) and give compensation to the petitioners after acquisition of Bhumidhari plots belongs to the petitioners.
(II) Issue a writ, order or direction in nature of mandamus commanding the respondents to include the lands of the petitioners in the Gazette notification for the widening and improvement construction of National Highways no. (227A) Ram Janki Marg."
Learned counsel for the petitioner contends that the petitioners are the resident of seven villages of Tehsil Harraiya, District Basti, namely, Village Khushhalganj, Dubauliya, Bhelmapur, Vishundaspur, Dharampur, Ashokpur and Banjariya. It is contended that the proposal of widening of road of National Highway No. 227A is being undertaken by the National Highways Authority for which the plots of land of are being utilized. The details of the plots of land find mention in paragraph no. 7 of the petition:
"7. That the petitioners are the recorded tenure holder of his Bhumidhari land, plot Nos. 263, 517, 273, 517 ta, 169, kha, recorded in the namre of petitioner no. 1, plot no. 347ka, 431 recorded in the name petitioner no.2, plot no. 482, 496 recorded in the name petitioer no. 3, plot no. 344 recorded in the name petitioner no. 4, plot no. 267ka, 267kha, 220, recorded in the name petitioner no. 5, plot no. 218, 505 recorded in the name petitioner no.6, plot no. 423 recorded in the name petitioner no. 7, plot no. 219 recorded in the name petitioner no. 8 to 18, plot no. 224 ga, 22ka recorded in the name petitioner no. 19, plot no. 339 recorded in the name petitioner no. 25, 26, 27, plot no. 278 recorded in the name petitioner no. 28 and 29, plot no. 506 recorded in the name petitioner no. 32, plot no. 170kha and 172 recorded in the name petitioner no. 33 and 34, plot no. 426 recorded in the name petitioner no. 35, 36, 38 plot no. 422, 338, 340, 276 recorded in the name petitioner no. 42, 43, 46, 47, plot no. 264 recorded in the name petitioner no. 48, plot no. 517ka recorded in the name petitioner no. 49, plot no. 482 ga recorded in the name petitioner no. 51, plot no. 222 kha recorded in the name petitioner no. 53, 54, 55, plot no. 214 recorded in the name petitioner no. 56, plot 271, 504 recorded in the name petitioner no. 60, plot no. 214 recorded in the name petitioner no. 61, plot no. 224 kha recorded in the name petitioner no. 62, 63, plot no. 431, 437 recorded in the name petitioner no. 66. True/photo copy of khatauni of bhumidhari land of the petitioners are being filed herewith and is marked as Annexure No. 4 to this writ petition."
It is stated that a notification no. 4592 had been issued on 22.11.2018 for acquiring land situated in different villages in District Basti. It is contended that despite there being no valid acquisition of the aforesaid plots belonging to the petitioners, the respondent-Authorities are forcibly taking possession.
Learned Central Government Counsel has submitted instructions sent by the Superintending Engineer, National Highways Division, Public Works Department, Lucknow with covering letter dated 12.2.2021 which is made part of the record.
In the instructions submitted, paragraphs nos. 3 and 4 are as follows:
"3- ;g fd jk"Vªh; ekxZ vf/kfu;e 1956 dh /kkjk&3Mh ds vUrxZr xtV uksfVfQds'ku la0&3117] fnukad 20-09-2019 esa xzke cugkjk] Njngh] nsoMkaM] xkSliqj] ikÅ] fiijikrh ,grekyh] fiijikrh eq'rgde] oSfl;k [kqnZ] veks<+k [kkl] cSjkxy] cjbZtksr] Hku[kjiqj] xqykSjh [kqnZ] [kku dyk] dqnjgh] rIik 4- ;g fd jk"Vªh; ekxZ vf/kfu;e dh /kkjk&3Mh dh dk;Zokgh vfUre pj.k esa gS vkSj blds iw.kZ gksrs gh ,okMZ ds lkis{k izfrdj dk Hkqxrku fo'ks"k Hkwfe v/;kfIr vf/kdkjh] cLrh }kjk fd;k tk;sxkA IykV la0&263] 517] 273] 517r] 169[k] 347d] 431] 482] 496] 344] 267d] 267[k] 220] 218] 505] 423] 219] 224x] 22d] 339] 278] 506] 170[k] 172] 426] 422] 338] 340] 276] 264] 517d] 482x] 222[k] 214] 271] 504] 214] 224[k] 431 ,oa 437 xtV uksVhfQds'ku fnukad 20-9-2019 esa lfEefyr u gksus ds dkj.k blds izfrdj dh ns;rk ugha curh gSA 3Mh esa lfEefyr Hkwfe ekxZ fuekZ.k eas izHkkfor gq;h gS] mlds izfrdj Hkqxrku gsrq /kkjk&3 th dh Hkqxrku dh dk;Zokgh fo'ks"k Hkwfe v/;kfIr vf/kdkjh] cLrh }kjk djk;h tk jgh gSA "
In view of the aforesaid instructions, it is evident that the lands mentioned in the writ petition purportedly belonging to the petitioners are not included in the notification under Section 3D of the National Highways Act, 1956. As such, no compensation is payable in this regard.
In view of the aforesaid, this petition lacks merit and is, accordingly, dismissed.