H.L.Gokhale, Vikram Nath , JJ. - (1.) Heard Mr. Manish Goyal, learned counsel appearing for the petitioner and Mr. M.C. Tripathi, learned counsel appearing for respondents.
(2.) The petitioner herein is a Society registered under the Societies Registration Act. The petition seeks to challenge the notification dated 30.11.2006 issued under Section 3-D of The National Highways Act, 1956, (in short referred to as the Act) so far as it covers the land in village Duhai, district Ghaziabad. By that notification certain lands are being acquired for the project known as Eastern Peripheral Expressway of Delhi. The objection of the petitioner is that there is a cremation ground falling under the Highway as per the existing plan and therefore the road should be shifted to some other place.
(3.) It is also contended by the learned counsel for the petitioner that the Additional Collector of district Ghaziabad has given a report that it is desirable to shift the alignment of the road so that this particular parcel of land is not covered thereunder.;