- (1.) HEARD Mr. H.S. Jain, learned counsel for the petitioners as well as Mr. Ashit Kumar Chaturvedi, alongwith Mrs. Jyotesna Pal, learned counsel for the respondent No.2,4,5,6 and 7 and Mr. A.K. Verma, learned counsel for the respondent No.1 & 3.
(2.) THE petitioners have challenged the notice dated 18 April 2014 for termination of licence as well as the notification dated 3 July 2007, whereby Central Government has declared its intention to acquire the land in dispute for the public purpose of building (widening/four -laning, etc.), maintenance, management and operation of National Highway No.24.
(3.) THE petitioners are licensee of North Eastern Railway. They had been granted licence to run the shops at the land recorded in the name of railways. Accordingly, they are in possession over their respective shops. All the licenses are based on the same terms and conditions. The Ministry of Shipping, Road Transport and Highways had issued a notice dated 3 July 2007 to acquire certain lands which also include the land over which the petitioners shop are situated for widening and operation of national highways. Learned counsel for the petitioners Mr. H.S. Jain has submitted that the petitioners have interest in the land, therefore they are the interested persons, that being so, they are entitled to notice before acquisition of lands, whereas they had not been given any such notice individually. The petitioners have also raised one more issue that the land in dispute is recorded in the name of Railway which is a government land, therefore the acquisition of its own land cannot be done by the government.;