Managing Society Of Guru Gobind Singh Khalsa College v. Union Of India & ORS

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: September 28, 2016 Managing Society of Guru Gobind Singh Khalsa College .....Petitioner

Versus

Union of India and others ......Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR. JUSTICE SUDIP AHLUWALIA 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No 3.

Whether Reporters of local papers may be allowed to see the judgment? Yes/No 4.

To be referred to the Reporters or not?

Yes/No 5.

Whether the judgment should be reported in the Digest? Yes/No.

.......

Present:

Mr.Sameer Sachdeva, Advocate for the petitioner.

Ms.Sonia Madan, Advocate for respondent Nos.1 &2.

Mr.P.S.Bajwa, Addl.AG, Punjab.

........

SURYA KANT, J.

[1] Petitioner is the Managing Society of a College which is located within the revenue estate of village Sarhali Kalan, Tehsil and District Tarn Taran, on the Amritsar-Tarn Taran-Harike road- now declared as National Highway No.15. A part of the vacant land of petitioner-Society has been acquired for construction of four lane of the above-stated National Highway. The acquisition has been carried out under the provision of

-2National Highways Act, 1956.

[2] Petitioner has challenged the above-stated acquisition and one of the plea taken is that the objections filed by it have been mechanically rejected vide order dated 12.09.2013 (Annexure P7). It may be seen from the above-stated communication that beside considering the objections, petitioner's representative was also heard on 29.08.2013 and after obtaining instructions from the Executive Engineer as to whether land was actually required for the widening of National Highway, that the objections were rejected.

[3] A separate written statement has been filed by Executive Engineer, Central Works Division-1, PWD (B&R), Amritsar. The Project Director, National Highway Authority of India has also filed a short reply. In both the written statements it is explained that acquisition has been made for a vital public purpose, namely, widening of National Highway No.15 and land of the petitioner falls between Km 122.100 to Km 122.250 and Km 123.100 to Km 163.400 and is thus needed for the above-stated purpose. [4] We have heard learned counsel for the parties at a considerable length and gone through the record.

[5] There can be no exception that acquisition of land for widening of National Highway is of paramount public importance. National Highways are the life-line of development for a Nation and individual's hardships or inconvenience must bow before such development project. [6] Perusal of the objections filed by petitioner reveals that it has suggested to construct fly-over/bridge to save its land irrespective of the costs that may be incurred by spending tax-payers money for construction of such

-3fly-over.

[7] No valid ground to interfere with the acquisition is made out. [8] Dismissed.

( SURYA KANT ) JUDGE September 28, 2016 ( SUDIP AHLUWALIA ) meenuss JUDGE