Punjab-Haryana High Court
Himmat-An Ngo vs Union Of India & Others on 26 March, 2013
Bench: A.K.Sikri, Rakesh Kumar Jain
CWP No.6056 of 2013 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.6056 of 2013
Date of decision: 26.03.2013
Himmat-an NGO .... Petitioner
Versus
Union of India & others .... Respondents
CORAM: HON'BLE MR. JUSTICE A.K.SIKRI, CHIEF JUSTICE
HON'BLE MR. JUSTICE RAKESH KUMAR JAIN
Present: Mr. H.C.Arora, Advocate
for the petitioner.
Ms. Puneeta Sethi, Sr. Panel Counsel
for respondent Nos.1 and 2.
Mr. Anil Rathee, Addl. AG, Haryana
for respondent No.3.
*****
A.K.Sikri, C.J.(ORAL)
By means of present writ petition in the public interest, the petitioner challenges the action of the respondents in constructing the bye-pass by National Highway Authority of India (in short NHAI), which has been part of project for widening scheme of National Highway No.71.
The grievance is that the proposed route of bye-pass passes through the playground of Govt. College for Women, Lakhanmajra and it divides the said playground into two parts across the national highway. On this basis, it is submitted that it would have adverse effect on the said playground, which would hardly be of any use when this bye-pass would be constructed.
When this matter came up for hearing on 20.03.2013, we had requested the counsel for Union of India to take instructions in the matter.
CWP No.6056 of 2013 -2-
She has placed before us a brief note prepared by General Manager-cum-Project Director, NHAI, Project Implementation Unit, Rohtak. This note reads as under:
"Under the widening scheme of Rohtak-Jind section of NH-71, a bye-pass for Lakhan Majra was planned by NHAI. The alignment of this bye-pass was planned by NHAI before the construction of college at Lakhan Majra.
A detailed presentation of the feasibility report prepared by NHAI for the entire project was made in the meeting held under the Chairmanship of Financial Commissioner-cum-Pr. Secretary, PWD B&R, Govt. of Haryana on 20.10.2010 at Chandigarh. During the said meeting it was informed by NHAI that some part of land of the college campus at Lakhan Majra was coming in the proposed alignment. Further, it was also pointed out by NHAI that in case shifting of alignment to avoid part of college campus land, more land will be required to be acquired. Therefore, for proposed alignment some land will be required from the proposed campus of the college.
It was therefore agreed in the said meeting that matter would be taken up with Education Department for making the part land available to NHAI for proposed bye- pass and to plan the future development of college keeping in view the requirement of land by NHAI for proposed bye- pass (refer para 6 of minutes of meeting copy enclosed).
After the concurrence of the Govt. of Haryana as mentioned above, Land Acquisition proceedings were initiated by NHAI. Notification for acquisition of land for the Lakhan Majra bye-pass under Section 3(A) of NH Act, 1956 was published vide gazette notification of Govt. of India SO No.1335 dated 15.06.2012. As required under NH Act - 1956, the said notification was published in Dainik Bhaskar on 14.07.2012 and The Times of India on 13.07.2012.
Thereafter, notification for acquisition of land mentioned above under Section 3(D) of NH Act, 1956 was published vide gazette notification of Govt. of India SO CWP No.6056 of 2013 -3- No.97 dated 08.01.2013 and the said land now vests in the Central Govt. free from all encumbrances as per the provisions of NH Act - 1956.
As shall be seen from the enclosed sketch, the bye- pass is located at almost the extreme edge of the college premises.
The Concession Agreement for 4 laning of Rohtak- Jind Section of NH-71 incorporating the above mentioned alignment of Lakhan Majra bye-pass has already been signed with the concessionaire.
It shall be seen from above that proper procedure has been followed by NHAI in the matter."
Learned counsel for Union of India has produced for our perusal minutes of meeting held on 20.10.2010 under the Chairmandship of Financial Commissioner, Public Works (F.C.P.W.), which was attended by many officers of the PWD (B&R) & NHAI. In respect of this bye-pass following is recorded:
"Regarding Lakhanmajra bypass, PD NHAI Rohtak informed that some part of land of the College Campus at Lakhanmajra is coming in the proposed alignment. Further, it was also pointed out by PD NHAI Rohtak that in case of shifting of alignment to avoid part of college campus land, more land will be required to be acquired. Therefore, for proposed alignment some land will be required from the proposed campus of college. Further, it was also informed that work of boundary wall has not started."
In view thereof, it may not be possible for this Court to interfere in the proceedings of NHAI, however, learned counsel for the petitioner has pointed out that the aforesaid decision was taken in the year 2010 and at that time, land in question was not given to the college for playground, which is a subsequent development and inter alia, for this reason, the aspect highlighted by the petitioner in the CWP No.6056 of 2013 -4- petition has not been and could not be considered by the Committee in the decision taken in the year 2010. It is also submitted that there are alternative routes available, which can also be suggested to the respondents. On this basis, learned counsel for the petitioner submits that for the time being, the petitioner would be satisfied if the representation (Annexure P-7) of the petitioner is considered suggesting alternative route as well.
We thus, disposed of the writ petition with a direction to the respondents to consider the representation(Annexure P-7) of the petitioner within a period of two months from the date of receipt of certified copy of this order.
(A.K.Sikri)
Chief Justice
26.03.2013 (Rakesh Kumar Jain)
sonia Judge