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2014 DIGILAW 1046 (ALL)

Naipal Singh v. Union Of India Thru Chief Secy. & 3

2014-04-01

ASHOK BHUSHAN, SUNEET KUMAR

body2014
JUDGMENT : 1. Heard learned counsel for the petitioner and Sri Pranjal Mehrotra, appearing for the respondents. 2. By this writ petition the petitioner has prayed for mandamus directing the respondents not to demolish the abadi of the petitioner existed in Khasra No. 84 of Village Dashahara Kherli, Pargana and Tehsil Khurja, District Bulandshahr. 3. Petitioner's case is that the aforesaid plot has been acquired under the National Highways Act, 1956. It is submitted that notification under Section 3(A) was issued on 4.12.2009 to which objections were also filed. It is further stated that objection has already been decided on 15.9.2011. It is pleaded in the writ petition that land has been acquired for increasing width of the existing road from both the sides. 4. Learned counsel for the petitioner submitted that petitioner as well as other villagers submitted a representation to the District Magistrate on 12.3.2014 in which they have pleaded that respondents may take the land from the middle of the road 18 meter both sides. There is integrated scheme of acquisition of the National Highways Act, 1956 which contained the provision of raising objection of decided objection. Virtually, the petitioner has asked to Court to direct the respondents to change the alignment and to take fix 18 meter from the middle of the road. This is for the National Highways Authority to finalize the alignment and details of the plots which have to be acquired in the area. In event, petitioner's abadi in the acquired land, no such mandamus can be issued as prayed far. The petitioner is entitled for compensation for the land acquired under the Act. 5. The prayer made in the writ petition cannot be granted. 6. The writ petition is dismissed.