SANDEEP MEHTA,J. - (1.) These two writ petitions preferred by the petitioners herein involve common questions of facts and law and have been filed to assail the action of the respondent National Highway Authority of India (hereinafter referred to as 'NHAI' for short) in acquiring additional lands from the petitioners' fields which are located adjoining the NH-65 for the purpose of setting up of toll plazas at the questioned locations.
(2.) The writ petitioners of WP No.4257/2010 own khatedari lands in Khasra Nos.1996/1139 and 1139/1888 village Nimbi Jodhan, District Nagaur whereas, the writ petitioners of WP No.5263/2018 own khatedar lands in Khasra Nos.376, 385, 1018/377, 83, 92, 1078/523, 1079/523 and 523 in village Harima, Tehsil and District Nagaur.
(3.) The petitioners have set up a case in these writ petitions that while undertaking the work of widening/two-laning with paved shoulders, realignment/bypass and four laning, maintenance, management and operation etc. of National Highway No.65 on the stretch of land from KM 72.600 to KM 112.760 and KM 155.600 to KM 171.450 (Salasar to Nagaur Section), the respondents had acquired lands other than those of the petitioners for setting up of toll plazas and final award has also been passed in that regard. However, while the work of widening was being undertaken, the concerned officials of the NHAI started arbitrarily encroaching upon the petitioners' lands and unofficially conveyed that the toll plazas would be constructed there. Thereupon, these writ petitions were filed by the petitioners with an apprehension that their khatedari lands might be usurped without following due process of law.;