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2017 DIGILAW 2458 (RAJ)

Prabha Sancheti Wife of Shri Prakash Chand Sancheti v. Union of India Through Ministry of Road, Transport and Highway, Through Its Principal Secretary, New Delhi

2017-11-08

M.N.BHANDARI

body2017
ORDER : M.N. BHANDARI, J. By this writ petition, challenge is made to the notification dated 21.8.2017 published in the news paper on 3.9.2017 for acquisition of the land. 2. It is submitted that earlier to the notification in question, similar notification was issued on 21.4.2017 thus within short span, two notifications for acquisition of the same land have been issued. The petitioner submitted objections pursuant to both the notifications but without providing an opportunity of hearing, it has been decided by the Project Incharge, National Highway Authority of India thus interference in the proceedings may be made. 3. I have considered the submissions and perused the record. The non-petitioners issued a notification at annexure-2 indicating the details of the land but names of the khatedars were not given. Realising the mistake, notification was again issued at annexure-5 and has been challenged by the petitioner. The names of the khatedars have been given against the land sought to be acquired. The petitioner has raised objection against the acquisition of land before the Land Acquisition Officer. He has issued notice for hearing vide annexure-8. The petitioner, however, referred the letter of the Project Incharge, NHAI dated 22.9.2017 wherein, according to him, objections have been rejected, that too without hearing. 4. I find the letter dated 22.9.2017 is not the rejection of the objections but a request to the competent authority to reject the objections and, for which, reply has been given on all the issues. The order aforesaid has been taken as if the objections of the petitioner have been decided, whereas, petitioner has been given notice by the Land Acquisition Officer calling her for hearing. 5. I do not find any merit in the writ petition, rather, it has been filed in haste and can be considered to be frivolous. Hence, writ petition is dismissed with costs of Rs. 3000/- to be deposited with the Rajasthan State Legal Services Authority, Jaipur within three weeks. 6. The Dy. Registrar (Judicial) to see compliance.