Alok Sharma, J. - (1.) This petition has been filed inter alia with the prayer that notice dated 13-7-2006 issued by the Regional Officer, Ministry of Road Transport & Highways, Government of India under the hand of one S.K. Saxena, Highway Administrator be quashed and set aside. A further prayer has been made to direct the respondents to initiate proceedings for acquisition of petitioner's land as per the Land Acquisition Act and that the petitioner should not be evicted from his constructed area over his plot on National Highway-11 till he is suitably compensated in accordance with the provisions of Land Acquisition Act.
(2.) On service the respondent National Highway Authority (for short 'NHA') has filed reply to the writ petition. It has been stated that the State government had already acquired the land in issue for widening the NH-11, Jaipur to Agra at Mile 10, 20 and 25 and an award was passed on 17-7-1974. It is submitted that the land at village Jhar, which included the land on which construction of petitioner is standing (8.4 x 6= 50.4.) i.e. khasra No.318 has been acquired. It is submitted that following the award dated 17-7-1974 Parcha Khatoni was also prepared in which land in Khasra No.318 is recorded as Siwai Chak. It has been submitted that however the work of widening of road could not be undertaken at the relevant time even though the land being open land was symbolically taken possession of. It has been submitted that subsequently the National Highways (Land and Traffic) Act, 2002 (herein after '2002 Act') was promulgated and came into force effective 27-1-2005, and thereupon the land statutorily vested in NHA under the 2002 Act more particularly under Section 23 thereof. Thereafter the NHA entered into a concession agreement with IJM (India) Infrastructure Ltd., and in the said concession agreement the Concessionaire was required to remove any encroachment on the National Highway land vesting in National Highway Authority. It is pointed out that based on a detailed survey conducted certain encroachments were found within 45 M. right of way including the land comprising khasra No.318. This fact was reported by Assistant Engineer, Sub Division-I NH-11 Jaipur vide his letter dated 8-11-2005. On the basis of survey, a list of trespassers was prepared, and in the list of trespassers the name of the petitioner was shown at item No.64, as the petitioner was occupying a construction measuring 8.4 x 6 meters aggregating 50.4 meter at the left hand side at Ch.202+265. It is submitted that consequently the Highways Administration issued a notice dated 13-7-2006 under Section 26 of the 2002 Act, requiring the petitioner to appear before the Highways Administrator, R.O. MORTH (Ministry of Road Transport and Highways) Jaipur in pursuance whereto, the petitioner submitted a representation/ reply before the said officer, but remained ex-parte thereafter. It is submitted that after considering the representation and after going through the record, the Highway Administrator passed a final order on 2-11-2006 under Section 26 of the 2002 Act, by which he had ordered the removal of the encroachment made by the petitioner.
(3.) It is submitted that the order passed under Section 26 of the 2002 Act, is appealable under Section 14 of the 2002 Act, and consequently at the very outset the writ petition should be dismissed on the ground of availability of alternative remedy. Further submission of respondents is that even otherwise the order dated 2-11-2006 has not been challenged in the present writ petition, and consequently no relief qua the said order can be granted to the petitioner. It is submitted that acquisition proceedings of land in issue have already been completed and compensation already deposited as required in law in pursuance to award dated 17-7-1974. It is submitted that the petitioner is palpably an unauthorised occupant and is obstructing the work of public importance and on this count also no interference should be made at the hands of this court.;