Ghspl Sambhav Knj Healtthcare Llp v. National Highway Authority Of India And Others
24.11.2022 FMA 6 OF 2022 IA NO: CAN/2/2021 GHSPL SAMBHAV, KNJ HEALTTHCARE LLP VS NATIONAL HIGHWAY AUTHORITY OF INDIA AND ORS.
gd/ssd Mr. Kingsuk Mondal Mr. Pradip Kumar Kundu ..for the Appellant Ms. Manika Roy ..for NHAI By this intra court appeal the appellant has challenged the order of the learned Single Judge dated 16th July, 2021 whereby WPA 1954 of 2020 has been dismissed.
The appellant had filed the writ petition aggrieved with the notice dated 11.01.2020 issued under subsection (2) of Section 26 of Control of National Highways (Land and Traffic) Act, for removal of unauthorised occupation.
Learned Single Judge has noted the submission of learned counsel for the State that the acquisition was complete in the year 2013, whereas the appellant had purchased the property in 2014, therefore, being a subsequent purchaser the appellant was bound by the action of acquisition of NHAI. In the said background, learned Single Judge has found no merit in the petition as the appellant had failed to demonstrate any right on
the land in question.
Learned counsel appearing for the NHAI has submitted that subsequently the notice dated 11.01.2020 has been given effect to and unauthorised construction has already been removed and presently there is no unauthorised construction.
Learned counsel for the appellant does not dispute the subsequent action.
Thus it is undisputed that now nothing survives in the writ petition. Hence, we find no reason to interfere in the impugned order.
The appeal is disposed of taking on record the above stand of counsel for the parties.
(Prakash Shrivastava, C.J.) (Rajarshi Bharadwaj, J.)