Gurdarshan Singh Gill
Vs.
Union of India
2023:PHHC:105728-DB
Coram HON’BLE MR. JUSTICE SURESHWAR THAKUR, HON’BLE MR. JUSTICE KULDEEP TIWARI
DATE: 11.08.2023
FACTS:
Through this present writ petition, the petitioner is seeking relief in terms of invalidating the contested Annexure P-26. This annexure pertains to the dismissal of the petitioner’s representation by the relevant authority. Furthermore, the petitioner is also seeking relief in the form of a declaration that the land acquisition proceedings have lapsed concerning the lands in question. This declaration is based on the extension of municipal boundaries, as indicated in the notification dated 22.12.2006 (Annexure P-5). The final relief requested in the ongoing writ petition is to prevent the concerned respondent(s) from unlawfully taking possession of the petitioner’s lands. These lands were not included in the notification under Section 3-A of the National Highways Act, 1956 (referred to as the ‘Act of 1956’).
COURT ANALYSIS AND DECISION:
The panel observed that the construction of flyovers has progressed significantly, with 7 out of 8 pillars already erected. Refusing to release the land by the petitioner is deemed “unlawful,” as highlighted by the bench. The photographic evidence presented indicates that due to the petitioner’s failure to surrender the land, traffic congestion has arisen in the area, the Court noted. The bench dismissed this argument and remarked, “It seems that the petitioner is attempting to portray the construction of the relevant national highway by NHAI as haphazard. This is likely his way of suggesting that there’s no legitimate requirement for the disputed khasra number to undergo proper acquisition.”
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Written by- Srijan Garg
