M. P. Lok Kalyaan Sansthaan Samiti v. Union of India
2016-07-25
ANURAG SHRIVASTAVA, RAJENDRA MENON
body2016
DigiLaw.ai
ORDER 1. Petitioners M.P. Lok Kalyaan Sansthan Samiti through its President Jagat Maravi and Sunil Uikey, Ex-Sarpanch, Gram Panchayat Bichhiya, District Mandla have filed this petition pro bono and challenged a notification, Annexure P-1, issued by the Ministry of Road Transport and Highways on 13.3.2014 exercising their powers under sub-section 1 of section 3A of the National Highways Act, 1956; whereby for widening/four-laning of National Highway No.12A between kms. 22/800 to 192/400 (Jabalpur-Mandla-Chilpi section) a notification has been issued proposing to acquire certain pieces of land. 2. Challenging the notification, the organization has filed this petition in public interest and say that the notification has been issued in violation of the statutory rules and regulations. The provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 and the provisions of 5th Schedule to the Schedule area of the Constitution of India have been violated. Originally in Para 2.1 of the writ petition, it was said that the petitioner is a society registered under the Madhya Pradesh Society Act, 1973 and this petition has been filed in public interest for protecting the interest of the tribals, who will be adversely effected by the acquisition. As the antecedents of the petitioners were doubtful, they were directed to indicate their antecedents correctly and now by filing a by-law of the society in question, it is said that they are protecting the interest of the tribals of the area. 3. We find that the society was constituted in the year 2000 and it is for the purpose of implementing various schemes of the Government and for enforcing effective implementation of various public schemes and for protecting the rights of its members by creating public awareness etc. However as far as the present petition is concerned, except for making general assertions that certain provisions of the Constitution have been violated in acquiring the lands, nothing is indicated as to how and in what manner any complaint has been made by the individuals, who are aggrieved by the acquisition of lands and what is the violation or grievance of the individuals whose lands are being acquired. This is a public interest litigation and general allegations are being made to say that certain rules and regulations have been violated.
This is a public interest litigation and general allegations are being made to say that certain rules and regulations have been violated. If the statutory rules and regulations have been violated, it is for the aggrieved persons to raise objections before the Sub-Divisional Officer/Competent Land Acquisition Officer in accordance with the National Highways Act and it is for the statutory authority to consider all these objections and take a decision in the antecedents of the petitioners. 4. Keeping in view the law laid down by the Supreme Court in case of M/s. Holicow Pictures Pvt.Ltd. v. Prem Chandra Mishra and others [2008 AIR SCW 343], and the principles of governing pre-dominance to be given to public interest in relation to the private interest in the matter of development, construction of roads etc. as law laid down by the Supreme Court in the case of Sayyed Ratanbhai Sayeed (dead) v. Shirdi Nagar Panchayat and another [ (2016)4 SCC 631 ], we are not inclined to interfere into the matter. The aggrieved person or persons, whose lands have been acquired may raise an objection before the competent statutory authorities under the National Highways Act, 1995 and it would be for these authorities to look into the matter and take a decision at the instance of the petitioners. 5. As this petition filed in the casual manner, we are not inclined to entertain this petition. 6. Accordingly, the petition is dismissed. Sanjay Patel for petitioners; Mohan Sausarkar for respondents No.1 and 2; Swapnil Ganguli, Government Advocate for respondents No.3 and 4.