- (1.) This petition filed under Article 226 of the Constitution seeks a declaration to the effect that provisions of the National Highways Act, 1956 (for brevity, 'the N.H. Act') are ultra vires Articles 14, 19, 21 and 300-A of the Constitution and also seeks consequential relief of quashing of notifications dated 1.10.2009, 21.12.2009 and 13.1.2009 (P-6, P-7 and P-8 respectively), issued under Section 3A read with Section 3D of the N.H. Act, in respect of the land forming part of Khasra Nos. 26/8/2 (measuring 75.87 Sq. Mtrs.), 26/8/2/1 (measuring 1871.46 Sq. Mtrs.), 26/8/2 (measuring 177.03 Sq. Mtrs.) and 26/13/1/1 (measuring 556.36 Sq. Mtrs.).
(2.) At the outset it is relevant to mention here that the question of vires has already been decided by a Division Bench of this Court, vide order dated 15.3.2010. Following the judgment dated 28.3.2008 rendered by another Division Bench in the case of M/s Golden Iron and Steel Forging v. Union of India and others (CWP No. 11461 of 2005) of 2005) wherein the special provisions relating to acquisition were upheld although the provisions of Section 3G read with Section 3J of the N.H. Act relating to interest and solatium were struck down. It was held that solatium and interest would be payable as per the provisions of the Land Acquisition Act, 1894 (for brevity, 'the 1894 Act'). Accordingly, this Court rejected the challenge made by the petitioner regarding vires of Sections 3A and 3D etc. of the N.H. Act, vide order dated 15.3.2010.
(3.) For the purposes of deciding the other issues raised in the instant petition, it would be necessary to notice few material facts. M/s Ashok Leyland Limited-petitioner is a company incorporated under the Companies Act, 1956. It had purchased land/property bearing No. 12/5, Mathura Road, Faridabad, comprised in Khasra Nos. 26/8/2 (1-17), 26/13/1 (2-10), 26/12/2 (5-7)Min, 26/12/2 (5-7), 26/9 (8-0), 26/10Min (1-9) and 26/11/1min (1-9), village Sarai Khawaja, vide sale deed dated 4.8.1998. Thereafter, the petitioner Company developed the area and constructed its main office building. On 10.2.2010, the petitioner Company received a notice under the provisions of the N.H. Act announcing that the land in question has been acquired and possession would be taken within 60 days from the issuance of said notice. In fact, the said notice was issued by the Competent Authority-cum-Land Acquisition Collector-respondent No. 3 by naming the erstwhile owner, namely, M/s Delhi Automobiles Ltd. (P-2).;