Rajasthan High Court - Jodhpur
Laburam vs Union Of India on 29 October, 2018
Author: Sandeep Mehta
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
..
S.B. CIVIL WRIT PETITION NO. 16806/2018.
1. Laburam S/o Nena Ram, Aged About 53 Years, Village Hariyali, Tehsil Sanchore Dist. Jalore
2. Abhay Singh S/o Chandan Singh, Aged About 60 Years, Village Hariyali, Tehsil Sanchore Dist. Jalore
3. Malam Singh S/o Avtar Singh, Aged About 51 Years, Village Hariyali, Tehsil Sanchore Dist. Jalore
4. Mahendra Singh S/o Khim Singh, Aged About 50 Years, Village Hariyali, Tehsil Sanchore Dist. Jalore
5. Hingola S/o Gova, Aged About 55 Years, Village Gardali, Tehsil Sanchore Dist. Jalore
6. Parkha Ram S/o Rama Ram,, Aged About 49 Years, Village Gardali, Tehsil Sanchore Dist. Jalore
7. Vagta Ram S/o Govdaji, Aged About 50 Years, Village Pahadpura, Tehsil Sanchore Dist. Jalore
8. Chhoga S/o Modaji, Aged About 47 Years, Village Makhupura, Tehsil Sanchore Dist. Jalore
9. Ganesharam S/o Sagramaram, Aged About 47 Years, Makhupura Tehsil Sanchore Dist. Jalore
10. Kumparam S/o Narnaji, Aged About 40 Years, Makhupura Tehsil Sanchore Dist. Jalore
11. Chhoga S/o Vella Purohit, Aged About 47 Years, Village Makhupura Tehsil Sanchore Dist. Jalore
12. Verdha S/o Nagaji, Aged About 50 Years, Village Pratappura Tehsil Sanchore Dist Jalore
13. Sher Khan S/o God Sawai Khan, Aged About 50 Years, Village Badsam Tehsil Sanchore, Dist. Jalore
14. Kala Ram S/o Sadula, Aged About 51 Years, Village Basam Tehsil Sanchore Dist. Jalroe.
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15. Amba Ram S/o Khagara Ram, Aged About 55 Years, Village Sanchore Tehsil Sanchore Dist. Jalore
16. Sawa S/o Jagsi, Aged About 57 Years, Village Sanchore Tehsil Sanchore Dist. Jalore
17. Kala S/o Jiwa, Aged About 58 Years, Village Jajusan, Tehsil Sanchore Dist. Jalore
18. Okhdan Sanwaldan S/o Rani Dan, Aged About 56 Years, Village Jajusan Tehsil Sanchore Dist. Jalore
19. Jodha Bhikha S/o Mahadeva, Aged About 50 Years, Village Jajusan Tehsil Sanchore Dist. Jalore
20. Prema Ram, Padma Ram S/o Satra Ram, Aged About 49 Years, Village Jajusan Tehsil Sanchore, Dist. Jalore
21. Sawal Dan S/o Moredan, Aged About 50 Years, Village Jajusan Tehsil Sanchore, Dist. Jalore
22. Manohardan S/o Moddan, Aged About 50 Years, Village Jajusan Tehsil Sanchore, Dist. Jalore
23. Chela S/o Karamsi, Aged About 59 Years, Village Jajusan Tehsil Sanchore, Dist. Jalore
24. Bhanwardan, Sardardan S/o Goverdan, Aged About 51 Years, Village Jajusan Tehsil Sanchore, Dist. Jalore
25. Gangada Ram S/o Manjiram, Aged About 59 Years, Village Jajusan Tehsil Sanchore, Dist. Jalore
26. Shamim Khan S/o Salim Khan, Aged About 50 Years, Village Lasdi Tehsil Sanchore, Dist. Jalore
27. Magaram S/o Rudaram, Aged About 39 Years, Village Ruda Ka Golia, Tehsil Sanchore Dist. Jalore
28. Punva S/o Prahlad, Aged About 50 Years, Village Jiva Ka Golia Tehsil Sanchore Dist. Jalore
29. Amar Singh, Hindu Singh S/o Bhim Singh, Aged About 51 Years, Village Karola, Tehsil Sanchore, Dist. Jalore
30. Koja Ram S/o Bhagchand, Aged About 50 Years, Village Ravatsar Tehsil Sanchore, Dist. Jalore.
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31. Partaparam S/o Ranaram, Aged About 51 Years, Village Ravatsar Tehsil Sanchore, Dist. Jalore
32. Joga Ram S/o Moti Ram, Aged About 51 Years, Village Ravatsar Tehsil Sanchore, Dist. Jalore
33. Rana Ram S/o Chima Ram, Aged About 50 Years, Village Chora Tehsil Sanchore Dist. Jalore
34. Mangaram S/o Jetaji, Aged About 51 Years, Village Bhadarna Tehsil Sanchore Dist. Jalore
35. Ranaram S/o Amraji, Aged About 53 Years, Village Bhadarna Tehsil Sanchore Dist. Jalore
36. Vajaram S/o Dhanaram, Aged About 57 Years, Village Vapa Tehsil Chitalwana Dist. Jalore
37. Parbat Singh S/o Kalyan Singh, Aged About 35 Years, Village Nimbau Tehsil Chitalwana Dist. Jalore
----Petitioners Versus
1. Union Of India, Through Secretary, Ministry Of Road Transport And Highways, Govt. Of India, New Delhi
2. National Highway Authority Of India, Through Its Project Director, National Highway Authority, New Delhi
3. General Manager (Tech), National Highway Authority Of India, G-5 And 6, Sector 10, Dwarka, New Delhi
4. National Highway And Industrial Development Corporation, Through Its Managing Director 3Rd Floor, Pti Building, 4 Parliament Street, New Delhi- 110001
5. The Competent Authority Cum Sub Division Officer, Sanchore, Distt. Jalore
6. Shri Devji Patel, Member Of Parliament, Jalore- Sirohi, Rajasthan Divine House, Near Divine International School, Nh-5, Tharad Road, Sanchore, Distt.- Jalore
7. Ministry Of Environment, Forest And Climate Change, Government Of India
----Respondents (4 of 5) [CW-16806/2018] For Petitioner(s) : Mr. Ramit Mehta.
Mr. Saurabh Maheshwari.
Mr. Tarun Dudia.
For Respondent(s) : Mr. Rajesh Panwar, AAG.
Mr. S.K. Mishra, Project Director, National Highway Authority of India.
HON'BLE MR. JUSTICE SANDEEP MEHTA Order 29/10/2018 The petitioners herein have approached this Court seeking to assail the proposed acquisition of their land by the respondents under the impugned Notifications dated 03.08.2018 and 20.08.2018 and raising an apprehension that the respondents may forcibly enter into the land of the petitioners and may dispossess them, without adhereing to the procedure provided by law and without inviting any objections against the proposed acquisition and without final award being passed.
Shri Rajesh Panwar, learned Additional Advocate General appears in caveat on behalf of the respondent - National Highway Authority of India. He is assisted by the Project Director, Shri S.K. Mishra. Shri Panwar makes a statement at bar that the petitioners shall not be dispossessed from their land, without proper acquisition and that all the objections raised by the petitioners shall be considered and dealt with, as per law.
In view of the above emphatic statement made by Shri Rajesh Panwar, learned Additional Advocate General and considering the fact that the acquisitions under the National Highways Act have to be considered in a different legal and factual sphere as opposed to the general acquisitions under the Land (5 of 5) [CW-16806/2018] Acquisition Act, as held by the Hon'ble Supreme Court in the case of Baranagore Jute Factory Plc. Mazdoor Sangh (BMS) Etc. Vs. Baranagore Jute Factory Plc. Etc., reported in (2017) 2 SCC (LS) 19, it is hereby directed that the respondents shall ensure full compliance of the mandatory requirements of the National Highways Act,. 1956, before acquiring and taking possession of the petitioners' land, if so required, for the purpose of construction of the National Highway and for ancillary purposes.
The petitioners are given liberty to raise all their objections to the Competent Authority within a period of 10 days from today. The objections, if any, submitted by the petitioners shall be considered and decided strictly in accordance with law.
In case, any adverse order is passed, the petitioners will be at liberty to assail the same in accordance with law.
With the observations and directions aforesaid, the writ petition as well as the stay application are disposed of.
(SANDEEP MEHTA),J /Mohan/S-169 Powered by TCPDF (www.tcpdf.org)