Facts
The petitioners alleged that the National Highways Authority of India (NHAI) had used their land at Survey No. 522/Paiki, village Dharampur, to construct a temporary road connecting the bypass/overbridge.
Source reference: para. 3–6NHAI had earlier denied that the land was then being used for vehicular movement, but the Court had questioned the completeness of that account.
Source reference: para. 3–6Pursuant to the Court’s direction, a revenue team inspected and measured the site in the presence of the parties. Its report identified 545 sq. m. and 789 sq. m. of the land as lying in the existing service road, and 212.05 sq. m. and 234.77 sq. m. as lying in the overbridge.
Source reference: para. 7–11The Collector’s report, based on the inspection and revenue records, stated that the land appeared to be owned by Shri Satvara Keshav Sava.
Source reference: para. 12The Court found that the kachcha road continued to be used as part of the bypass and that no alternative route was available.
Source reference: para. 13–15Issues
Whether the land in Survey No. 522/Paiki was being used as a kachcha service road for vehicular movement connecting the bypass and overbridge.
Source reference: para. 11–15Whether, in light of that use, NHAI should be directed to initiate acquisition proceedings for the land.
Source reference: para. 16–18Law Applied
The Court directed that acquisition of the land used as a kachcha service road be conducted in accordance with the National Highways Act, 1956.
Source reference: para. 17No precedent or further statutory provision was cited; the order rests on the Court’s findings about the land’s present use and the resulting need to initiate acquisition proceedings.
Source reference: para. 13–17Reasoning
The joint inspection, measurement sheet, sketch, and Collector’s verification established that portions of the petitioners’ land formed part of the existing kachcha service road and were being used by vehicles to connect with the overbridge and bypass.
Source reference: para. 9–14The Court therefore rejected NHAI’s earlier denial of current vehicular use as misleading.
Source reference: para. 15Given the continuing use and the absence of another route, it directed NHAI to prepare an acquisition proposal and submit it, after Central Government approval, to the competent authority.
Source reference: para. 16Holding
The Court disposed of the petition with directions to NHAI to prepare and submit an acquisition proposal for the land used as the kachcha service road, and for the acquisition proceedings to be conducted under the National Highways Act, 1956, preferably within six months of receipt of the order.
The landholders must receive notice and an opportunity to be heard; if the directions are not complied with, they may approach the Court again.
Source reference: para. 18Original Court PDF
GOPALBHAI KESHA@ KESHAVBHAI NAKUMvsSTATE OF GUJARAT
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