Bijali Chaterjee vs National Highway Authority of India & others

Learned counsel Mr. Mahesh Tewari for the petitioner; learned Senior Counsel Mr. Ajit Kumar assisted by Mrs. Sweety Topno for the opposite party National Highway Authority of India and Mr. Praveen Akhouri, Standing Counsel (Mines & Minerals)-I for the State are present today through Video Conferencing.

The order dated 25.09.2020 reads as under:

" Mr. Mahesh Tewari for the petitioner, Mr. Ajit Kumar, learned Senior Counsel, assisted by Mrs. Sweety Toppno for the NHAI and Mr. Praveen Akhouri, learned Standing Counsel (Mines & Minerals)-I for the opposite party No. 4 -Deputy Commissioner are present through Video Conferencing.

A supplementary affidavit has been filed yesterday by NHAI (O.P. No. 2).and copy whereof has been sent to the Court Master through email, though hard copy could not be brought on record because of the Standing Operating Procedure being followed during the Covid-19 pandemic.

Learned Senior Counsel for the opposite party no. 2 referred to the contents of the supplementary show-cause which indicates that recommendation for denotification of the land of the petitioner already acquired, is in the pipeline. No supporting documents have been enclosed to the show-cause for inexplicable reasons though this Court by the previous order dated 28.08.2020, had observed that NHAI had not brought on record any decision of the competent authority to de-notify the land of the petitioner acquired vide Notification dated 09.02.2018. As on date also, there is no decision of the competent authority to denotify the land.

Learned counsel for the petitioner submits that the petitioner is aghast as to the manner in which she is being dealt with by the officials of NHAI and the State for so long after acquisition of her land by due process of law under NHAI Act,.

Learned Senior counsel for the NHAI prays for one more indulgence to supplement the show-cause and also endeavour to bring on record the decision of the competent authority on the issue of de-notification of the land of the petitioner.

Matter is posted for 16.10.2020, on the request of learned counsel for the NHAI. Mr. Sapan Kumar Mallick, Project Director, NHAI, Durgapur, West Bengal, deponent of supplementary affidavit dated 24.09.2020, shall also be present through virtual mode. Let video link be supplied to him.

List it on 16.10.2020."

A supplementary affidavit has been filed on behalf of opposite party no.2 Mr. Swapan Kumar Mallik, Project Director, NHAI, PIU- Durgapur, soft copy of which has been forwarded to the Court Master through email. The instant affidavit at para 5 contains the observations of the competent authority of NHAI, part of Annexure-A, which reads as under:-

"There is no provision in the NH Act for de-notification of 3D notification. In the present case, the land has been taken without applying the mind. RO may be requested to conduct an enquiry and fix the responsibility. Technical Division may explore the possibility for using it for Way Side amenity. Now, land owner may also demand compensation, if land is not taken.

RO Kolkata may take a chance by submitting in court that the land is no longer required and if the land owner agrees the same can be notified if the court orders but without any kind of compensation to the landowner."

Learned counsel for the petitioner submits that the entire bogey raised by the Project Director, NHAI and the District Land Acquisition Officer, Dhanbad relating to de-notification of the land of the petitioner, already acquired under 3D notification, has been demolished as the competent authority has clearly opined that there is no provision of de- notification of 3D notification under the NHAI Act, 1956. Petitioner is expectantly waiting for the payment of compensation. It is submitted that compensation has been paid to the other land losers under the same acquisition process. A reply to the instant supplementary affidavit of the opposite party no.2 has also been filed yesterday, soft copy of which has been sent to the Court Master through email. It is submitted that the land in question at Plot no. 269 at Mauza Kapsara measuring an area of 0.0992 hectares corresponding to 0.2450 acres of land mentioned in the 3D gazette notification dated 09.02.2018 stands vested along with all the constructions in the Government of India and therefore, the land loser is entitled to get compensation as per law. Petitioner alleged that the entire process has been stalled by the concerned D.L.A.O, Dhanbad. Reference is made to the previous orders passed by this Court i.e., order dated 18.01.2020 and 06.03.2020.

Learned Senior Counsel for the NHAI submits that the stand of the competent authority on the issue of de-notification is before this Court. Therefore, sometime may be granted to the officials of the NHAI to proceed in accordance with law and in the light of the provision of the NHAI Act, 1956.

Mr. Praveen Akhauri, learned Standing Counsel ( Mines & Minerals)-I submits that the concerned DLAO had made certain observations in course of the valuation exercise after 3D notification, based on which, NHAI officials have proceeded for de-notification of the land in question. He submits that in the wake of the present stand, brought on record by the NHAI, sometime may be granted to the DLAO, Dhanbad also to proceed in accordance with law and the provisions of NHAI Act, 1956.

Mr. Swapan Kumar Mallick, Project Director, NHAI, Durgapur, West Bengal is present pursuant to the order dated 25.09.2020.

Matter is adjourned to 27.11.2020 for the opposite parties to apprise the Court about the steps taken in this regard in accordance with law and the provisions of the NHAI Act, 1956. Mr. Swapan Kumar Mallick, Project Director, NHAI shall also join the proceedings on the next date in virtual mode. Let video link be supplied to him.