Kriya Yoga Ashram vs State of Uttarakhand & others

SUDHANSHU DHULIA, J. (ORAL)

The petitioner has challenged the demolition exercise being undertaken by the National Highway Authority and the District Administration. Though

clear case of the respondents is that action for demolition is being taken under the provisions of the Control of National Highways (Land and Traffic)

Act, 2002 (from hereinafter referred to as the “Actâ€), and the impugned order by which demolition has been ordered has been passed under

Section 26 of the Act, where in urgent cases no notice is required to be served.

Learned Senior Counsel for the petitioner Mr. Arvind Vashishta has pointed out that the notices which have been given in fact do not suggest that

they were given under the provisions of the Act, as the same have been given under the Uttar Pradesh Roadside Land Control Act, 1945. Learned

Senior Counsel for the petitioner would further argue that ground realities do not permit the respondents to take an action under Section 26 (8) of the

Act.

Be that as it may, the fact remains that the authority has powers under Section 26 of the Act, which are admitted. Therefore, the notices and the

orders passed therein shall be presumed to have been passed under Section 26 of the Act. Merely because in the notices there is no mention of

Section 26 of the Act, it would not make the proceedings beyond the jurisdiction of the Authority. Under Section 26 of the Act, inter alia, the powers

are given to the authority to take an action, even without issuing a notice in an appropriate case. Whether the ground realities justify such an action

and whether there is an abuse of the powers at the hands of the respondents is a totally different matter, which has to be appreciated by the Tribunal,

where the remedy actually lies under Section 14 of the Act. Section 14 of the Act reads as under:-

“14. Jurisdiction, powers and authority of Tribunal.- A Tribunal shall exercise, on and from the appointed day, the jurisdiction, powers and authority

to entertain appeals from the orders passed or actions (except issuance or serving of notices) taken under sections 26, 27, 28, 36, 37 and 38 by the

Highway Administration or an officer authorised on its behalf, as the case may be.â€​

Learned Senior Counsel for the petitioner very fairly submitted that in case the proceedings are deemed to be under the Act, the petitioner has a

remedy under Section 14 of the Act to approach the Tribunal.

In view of the above, the writ petition stands disposed of with the direction to the petitioner to approach the Tribunal within a period of two weeks

from today, where the petitioner would be at liberty to raise all legal and factual submissions. However, it is made clear that for a period of two weeks

status quo shall be maintained, in order to enable the petitioner to approach the Tribunal.

Let a certified copy of this order be given within a period of twenty-four hours on payment of usual charges.