Sital Organics Pvt Ltd v. Union Of India And ORS

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision.05.07.2018 Sital Organics Private Ltd.

...Petitioner

Vs Union of India and others ..Respondents

CORAM:

HON'BLE MR. JUSTICE RAJESH BINDAL HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. Shailendra Jain, Senior Advocate with Mr. Kshitij Sharma, Advocate Mr. J.K. Khetarpal, Advocate, Mr. Balwinder Singh, Advocate Mr. Kanav Bansal, Advocate for Mr. Munish Kumar Garg, Advocate for the petitioner(s).

Mr. Chetan Mittal, Senior Advocate with Mr. Raghujeet Singh Madan, Advocate Mr. Mayank Aggarwal, Advocate and Mr. Anil Chawla, Advocate Mr. Akash Vashisth, Advocate for Mr. Sanjay Vashisth, Advocate for respondent No.1 and 2.

Mr. M.S. Rana, Advocate for Mr. Ashish Kapoor, Advocate for respondent No.5 in CWP Nos. 3293, 3606, 4625 & 4981 of 2018.

Mr. Ankur Mittal, Additional Advocate General, Haryana with Mr. Manoj Dhankhar, AAG, Haryana.

-.- RAJESH BINDAL J.

Replies filed on behalf of respondent No.2 in CWP Nos.3606, 3293, 1318, 1328 and 8349 of 2018 in Court today are taken on record.

This order will dispose of petitions bearing CWP Nos.26596 of 2017 and 58, 78, 1318, 1328, 3293, 3606, 4625, 4981, 8349 & 16088 of 2018.

The issue under consideration in the bunch of petitions is

-2regarding access to the land owned by petitioners from the National Highway.

Mr. Chetan Mittal, Assistant Solicitor General of India submitted that in some of the cases applications have been filed by petitioners with authorities seeking access to their land from the National Highway, however, requisite formalities have not been completed as per the guidelines issued by the Ministry of Road Transport and Highways and in some cases, even applications have not been filed. He submitted that if the petitioners appear before the National Highway Authority of India, A-3, UGF, Pushpanjali Enclave, Pitampura, New Delhi on 16.07.2018 at 11.00 AM along with complete documents required for grant of access, their claims would be considered and decided by the competent authority without any delay. If any fee is required to be paid, the petitioners will be required to deposit the same with the authority.

In view of the aforesaid stand taken by Mr. Chetan Mittal, Assistant Solicitor General of India, let the petitioners appear before the competent authority, as mentioned above, on the date and time fixed along with complete record required to be produced for grant of access from National Highway to their land. Requisite fee, if any required, may also be deposited.

Necessary exercise for consideration of the claims of the petitioners shall be completed by the competent authority within a period of one month from the date the petitioners put in appearance and complete the requisite formalities. In case, claim of any of the petitioners is not found tenable in terms of policy or guidelines issued for the purpose, decision taken by the authority shall be conveyed to that person with reasons. Needless to add that the person, in whose case the

-3claim is not accepted, shall be at liberty to avail his appropriate remedy against the order passed.

In some of the petitions, the issue regarding shifting of toll plaza from 51.400 kms to 53.600 kms has also been raised. We have not considered that issue as Mr. Mittal had informed that the issue regarding shifting of toll plaza is pending consideration in another petition bearing CWP No.28839 of 2017 titled as "Aseem Takyar Vs. Union of India and others". The petitioners would be at liberty to raise that issue in a subsequent petition, if required. Whatever interim directions were issued by this Court during the pendency of the writ petitions, the same shall continue till the decision of the competent authority on the applications submitted by the petitioners.

The writ petitions stand disposed of accordingly. (RAJESH BINDAL) JUDGE (AMIT RAWAL) JUDGE July 05, 2018 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No