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Judgment
Ahanthem Bimol Singh, J
Heard Dr. RK Deepak, learned senior counsel assisted by Mr. L. Rajesh Singh, learned counsel appearing for the petitioners.
Issue notice, returnable within three weeks.
Mr. M. Devananda, learned Addl. AG assisted by Ms. Jyotsana, learned counsel entered appearance and accepts notice on behalf of respondent Nos. 1 to 3 and Mr. S. Kaminikumar, learned CGSC entered appearance and accepts notice on behalf of respondent No. 5, hence, no formal notice is called for in respect of the said respondents.
Petitioners are directed to take steps for service of notice upon the respondent No. 4 by speed post. Steps should be taken within one week and the petitioners are directed to file an affidavit showing proof of such service of notice.
The case of the petitioners is that the authorities have not taken up any proceeding for acquisition of land in respect of the petitioners No. 5 to 12 and that without following the due process of law as provided under the National Highway Act, 1956, the authorities issued the impugned eviction order dated 23-02-2023 for evicting the petitioners from their lands in connection with the land acquisition process. The learned senior counsel appearing for the petitioner, accordingly, submitted that the authorities have acted arbitrarily and illegally in issuing the impuged eviction order and accordingly, a prayer has been made for suspending the said eviction order.
Mr. M. Devananda, learned Addl.AG appearing for the State respondents submitted that the authorities have already issued the necessary notifications in terms of the Section 3 of the National Highway Act, 1956 and the authorities have also issued the necessary award in connection with the land acquisition proceedings and many of the affected pattadars have already received the compensation award. It has been pointed out by Mr. M. Devananda, learned Addl.AG that the petitioners have not enclosed the full copies of the notifications dated 07-04-2021 and 14-10-2021 and the petitioners have also not disclosed the fact that the authorities have already issued award as compensation for the acquired land. Mr. M. Devananda, learned Addl.AG, accordingly, submitted that he needs to verify as to whether the names of the petitioner Nos. 5 to 12 are included in the relevant notification as well as in the award issued by the authorities.
List this case again on 14-03-2023 before the appropriate roster bench for consideration of the prayer for passing interim order.
In the meantime and as an interim measure, it is hereby directed that the authorities can proceed with the eviction process in connection with the impugned eviction order dated 23-02-2023 in respect of the persons whose lands has been already acquired by the authorities, however, it is made clear that the authorities should not evict the petitioner Nos. 5 to 12 unless the authorities have taken up any process for acquisition of their lands in terms of the relevant provisions of law.
Registry is directed to reflect the name of Mr. S. Kaminikumar, learned CGSC as counsel for the respondent no. 5 in the cause list.
Furnish a copy of this order to the learned counsel appearing for the parties through their WhatsApp/e-mail during the course of the day.