J. Vishwanath v. The National High Way Authority Of India And 4 Others

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 27949 of 2019 O R D E R:

In this writ petition, petitioner asserts that the toll plaza proposed to be constructed on the national highway would affect his quality life on account of the vehicles getting stopped thereat. He further asserts that the area, in which the toll plaza is proposed to be constructed, falls under municipal limits. He also asserts that there is Government land available within one kilometer from the subject area, as such, he along with others submitted representation on 30.11.2019 for relocation of the toll plaza. In the circumstances, he prays for issuance of directions to the respondents for consideration of the same.

Learned Standing Counsel for the National Highway Authority of India appearing for respondent No.1 vehemently opposes the writ petition by asserting that the land required for establishment of toll plaza was notified as per the norms of the National Highways Act; that the petitioner intends to construct a house after the said notification and that at any rate, there are norms specified with regard to the area in which the toll plaza is to be constructed. He also asserts that if the alleged representation is considered, then it would result in violation of the norms, which cannot be done. In the circumstances, he prays for dismissal of the writ petition. Inasmuch the petitioner is seeking an innocuous prayer, without expressing any opinion on the merits of the matter, the

respondents are directed to consider the representation dated 30.11.2019 in accordance with law.

Subject to the above, the writ petition is disposed of. Miscellaneous petitions, if any, pending in this writ petition shall also stand disposed of. There shall be no order as to costs. _________________________ CHALLA KODANDA RAM, J Dt:17.12.2019 kdl