MANSUKHBHAI KALYANBHAI CHOVATIYA Vs. NATIONAL HIGHWAY AUTHORITY
LAWS(GJH)-2011-12-251
HIGH COURT OF GUJARAT
Decided on December 29,2011

Mansukhbhai Kalyanbhai Chovatiya And Ors Appellant
VERSUS
National Highway Authority And Ors Respondents




JUDGEMENT

A. J. DESAI, J. : - - (1.)By way of the present writ petition under Articles 14 and 226 of the Constitution of India, group of residents of Village Saraghvada of Taluka and District - Junagadh, whose lands are under acquisition, have challenged the action of the respondents of dropping the original proposal of constructing/widening of existing 2 lane National Highway 8D to 4 lane divided carriageway and changing the alignment of the said bypass on various grounds. Petitioners have also challenged the legality, validity and propriety of action of respondents of issuing Notification dated 19.10.2010 under Section 3A of the National Highway Act, 1956. In addition to these main reliefs, the petitioners have challenged the order dated 14thJuly, 2011 passed under Section 3C(2) of the Act, by which the objections raised by the petitioners under Section 3C of the National Highways Act, 1956 were turned down by the Land Acquisition Officer and have further prayed to direct the respondents to drop the acquisition proceedings.
(2.)By an Order dated 18.8.2011, this Court issued Notice to the respondents and called for to reply the petition. At the time of issuing notice, by way of interim relief, the Court directed the respondents not to publish any further Notifications under the provisions of the National Highways Act, 1956 and the same is extended time and again and still it is in operation.
(3.)With the consent of the Lawyers appearing for the respective parties, the matter has been heard for final disposal at the admission stage. Hence RULE.


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