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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