Hardev Singh & Another vs National Highways Authority & Others

Pankaj Purohit, J

The petitioner has filed the instant writ petition for the reason that according to him certain portion of his bhoomidhari land has been utilized by the N.H.A.I. in widening of National Highway No.74 at Village Bichpuri, Tehsil Bazpur, District Udham Singh Nagar without acquisition and without paying any compensation.

Heard learned counsel for the parties.

It is submitted by learned counsel for the petitioner that from the letter dated 09.05.2022 and a report of spot-inspection dated 16.10.2020, it is admitted to N.H.A.I. that land of the petitioner, as referred above, has been utilized in the construction of N.H.74. This fact is not disputed by learned counsel for the respondent N.H.A.I.

Learned counsel appearing for respondent no.1 /N.H.A.I. further submits that for the purpose of payment of compensation to the petitioner respondents competent authority Land Acquisition (CALA) has to issue a notification under Section 3A and 3D of the National Highways Act, 1956 and the same has not been issued by CALA so far.

Learned State Counsel has drawn the attention of this Court to the counter affidavit filed by the CALA wherein it has been specifically mentioned that proposal for acquisition of the land of the petitioner has not been submitted by the N.H.A.I. due to this reason only the matter is pending.

In this view of the matter, respondent no.1-N.H.A.I. is directed to submit the proposal for acquisition of the land of petitioner, details of which is given in letter dated 09.05.2022 to the State Government i.e. CALA, within a period of three weeks from today. If said proposal is received in the office of respondent no.3 CALA same shall be processed in accordance with law within a period of six months from the date of receipt of the proposal submitted by N.H.A.I.

Accordingly, the writ petition is disposed of.