Chief Justice's Court
Case :- WRIT - C No. - 25241 of 2018 Petitioner :- Vikas Goyal Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Mahesh Chand,Dushyant Singh Counsel for Respondent :- A.S.G.I.,C.S.C.,Neeraj Dube
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Yashwant Varma,J.
Heard Mr. Dushyant Singh, learned counsel for the petitioner and Mr. K.P. Pathak, learned counsel for the respondent no. 2.
This writ petition has been preferred seeking the following principal prayers.
"(i) Issue a writ order or direction in the nature of mandamus commanding and directing the respondents not to construct National Highway 235 over the land of the petitioner i.e. Gata No. 20 area 0.1271 hectare without acquisition as per law and without paying compensation for the same.
(ii) issue a writ order or direction in the nature of mandamus commanding the respondents to decide the representation dated 13.02.2014 (Annexure No. 3 to this writ petition)."
The relief claimed is based on an allegation that the National Highway Authority of India (NHAI) is trying to occupy the land of the petitioner comprised in Gata No.
20. Undisputedly, the notification for acquisition issued at the instance of the NHAI dated 12 July 2012 under Section 3-D of the National Highways Act, 1956 does not include the land of the petitioner. The entire writ petition is based upon the exchange of certain internal communications between the A.D.M. (Administration) and the Tehsildar concerned. However, even a reading of these communications does not even remotely establish or evidence that the plot in question has been or is sought to be acquired by the NHAI.
The writ petition, therefore, is clearly based on a misconception that the land is likely to be acquired by NHAI. As long as the plot in question does not stand included in the notification issued under the provisions of the 1956 Act, there cannot possibly be any justification for issuance of the writs, as prayed for. This Court for obvious reasons cannot command the NHAI to acquire the land of the petitioner.
The petition lacks merit and is dismissed.
Order Date :- 30.7.2018 VKS (Dilip B Bhosale, CJ) (Yashwant Varma, J)