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Allahabad High Court · body

2018 DIGILAW 1822 (ALL)

Taki Masjid Samiti v. Union of India

2018-08-20

PANKAJ MITHAL, SARAL SRIVASTAVA

body2018
JUDGMENT : 1. Heard Sri N.S. Rajvanshi, learned Senior Counsel assisted by Sri Vinay Kumar, learned counsel for the petitioner, learned Standing Counsel who has appeared for the respondent no.4 & 5 and Sri Pranjal Mehrotra, learned counsel for the respondents no.2 & 3. 2. The petitioner has filed this petition for quashing of the notice dated 04.07.2018 and the notification dated 06.07.2018 as published in the newspaper dated 18.07.2018. 3. The other prayer of the petitioner is that its objections dated 10.07.2018 may be directed to be decided before any further action in the matter of acquisition of land of the petitioner i.e. gata no.234 is taken. 4. The aforesaid land alongwith other land was proposed to be acquired vide notification dated 15.01.2018 issued under Section 3A of the National Highways Act, 1956. The interested persons were called upon to file objections if any against the aforesaid acquisition. Subsequently, a final declaration under Section 3D of the Act was published on 06.07.2018. 5. At this stage, the petitioner alleged to have filed objections on 10.07.2018 contending that the land should not be acquired. 6. The stage of filing objections against the proposed acquisition had expired long back and the petitioner cannot object to the acquisition after declaration has been made under Section 3D of the Act. 7. In view of the aforesaid facts and circumstances, the petitioner is not entitled to get its objections dated 10.07.2018 considered and decided at this stage. 8. Since, the final declaration has been made under Section 3D of the Act and there is apparently, no error or illegality in issuing the same, we do not deem it fit to exercise our extra-ordinary jurisdiction in the matter so as to interfere with the above notification. 9. The writ petition is devoid of any merit and it is dismissed.