Allahabad High Court
Pramod Kumar Gupta And 20 Others vs Union Of India And 3 Others on 20 January, 2021
Bench: Sanjay Yadav, Jayant Banerji
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 9 Case :- WRIT - C No. - 23630 of 2020 Petitioner :- Pramod Kumar Gupta And 20 Others Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Awadhesh Kumar Mishra,J.B. Singh Counsel for Respondent :- A.S.G.I.,C.S.C.,Neeraj Kumar Dwivedi,Sanjay Kumar Om Hon'ble Sanjay Yadav,J.
Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioners and Sri Neeraj Dubey, learned counsel for the respondent no.2 Petitioners by way of the present petition seek the following reliefs:
"i) issue a writ, order or direction in the nature of certiorari for quashing impugned notification dated 12.10.2020 issued by the respondent no.1 under Section 3A(1) of Road Transport and Highways (Vide Annexure No.1 to this writ petition);
ii) issue a writ, order or direction in the nature of Mandamus commanding and directing the respondents to consider and decide the representation/objection of the petitioners filed against impugned notification dated 12.10.2020 issued by the respondent no.1 (Vide Annexure No.3 to writ petition) forthwith or within stipulated period as fixed by this Hon'ble court."
At the outset an objection has been raised on behalf of the respondents in respect of the relief sought in the writ petition. It is urged that objection said to have been filed by the petitioners under Section 3-C of the National Highways Act, 1956 (hereinafter referred to as 'Act, 1956') is a joint objection whereas the provisions of Section 3-C of the Act, 1956 contemplates an individual objection by any person.
The submission though attractive but when tested it is borne out that objection has been raised though collective, within the time stipulated under sub-section (1) of Section 3-C of the Act, 1956, we deem it appropriate in the interest of justice, that the petitioner shall file individual objection qua the notification issued under Section 3-A of the Act, 1956. Once such objection is filed the authority concern shall consider the same expeditiously. Though we are conscious of the fact that notification under Section 3-D (1) has since been issued, however the same, in the absence of any decision taken by the Authority on objection under Section 3-C which was kept pending, the objector cannot be deprived of their statutory rights.
In view whereof the petition is disposed of finally in above terms.
No costs.
Order Date :- 20.1.2021 Neeraj (Jayant Banerji, J) (Sanjay Yadav, J).