- (1.) By this writ petition, a challenge is made to the order dated 23rd September, 2009 passed on the application filed by the petitioner under Section 3C of the National Highway Act, 1956 (for short "the Act of 1956"). The another order under challenge is dated 16th February, 2010, wherein also, the application to acquire the land of Khasra Nos.16 and 17 of Village Pahadi was dismissed.
(2.) Learned counsel for the petitioner/s submits that as per Section 3C of the Act of 1956, objections submitted by the petitioner should have been decided. The objections can be accepted or rejected, but, the authority could not have non-suited the petitioners on their objections. The prayer of the petitioners was that the land, sought to be acquired, is of no use as it is at the distance of more than 2000 feet from the road, to be constructed. The aforesaid objection should have been considered on its merit.
(3.) In the same manner, the land of Khasra No.16 and 17 exists near the road, to be constructed. It should have been acquired leaving the land of the petitioners but that application was also rejected. It is, however, admitted that now the land of Khasra Nos.16 and 17 of Village Pahadi has also been acquired.;