JAYANT BANERJI - (1.) This writ petition has been filed with the following prayers: "1. A writ, order or direction in the nature of mandamus directing the respondent authorities to carry out measurement/demarcation of the portion of the National Highway and a land appurtenant thereto where the shops, commercial establishment and houses of the Petitioners are present and further if it is found that the same are beyond the land handed over by Uttar Pradesh Pulbic Works Department to the National Highway Authority of India, on the stretch located between 196 Km. to 196.5 Km, on the left side of the Delhi Agra Section of National Highway No. 2, towards Delhi and further in case it is found that the land in question was not handed over to the NHAI, the Respondent authorities may be restrained from interfering in the peaceful possession of the Petitioners. 2. A writ, order or direction in the nature of mandamus that in case if it is found that the Petitioners are not in encroachment of the land handed over to the NHAI, and the same being required in the larger public interest, only by providing opportunity and after adhering to the due process prescribed under law for the acquisition of the land, the land of the Petitioners may be utilized in any manner, subject to either payment of adequate compensation or by providing alternative land to the Petitioners."
(2.) It has been stated that in the year 1955 acquisition of certain plots, belonging to the petitioners, for purposes of Agra By-Pass Road on NH-2 was carried out. Initially, the By- Pass Road was of two lanes, later it was expanded to four lanes. An application was filed before the ADM(1), Agra under Section 13(2) of the Roadside Land Control Act, 1945 by the Assistant Engineer, Public Works Department on behalf of the State Government against Shri Raj Kumar Garg, petitioner no. 1 of the present petition which was registered as Case No. 2 of 1998. On 4 June 1999, the Court of ADM(1) held that there was no encroachment made by Raj Kumar Garg within 86 feet the By- Pass Road from the center point of the road which comes under the State land control area. It was in fact found that the land of Raj Kumar Garg was beyond the distance of 86 feet from the center point of the road.
(3.) The petitioners have enclosed a plan of the Public Works Department (P.W.D.) regarding NH-2 from 189.00 Kilometers to 199.66 Kilometers pertaining to the four laning of the Mathura-Agra Section showing the distance from the center of the road. This plan is dated 17 October 1989. It is stated that on 24 January 2001 the Highway was handed over by the P.W.D. to the National Highways Authority of India (NHAI) from 196 Kilometers to 196.5 Kilometers. The width of this road is mentioned in this handing over letter of the highway as 40.5 meters, that is about 20.25 meters on either side from the center. The petitioners allege manipulation in the records and stated that there is a marked difference in the aforesaid plan of 1989 and in the records by which the portion of the highway was handed over to the NHAI. It is further stated that encroachment of 2 to 5 meters towards North of the NH-2 is a false allegation made against the petitioners.;