18.08.2017, quashed the impugned order therein and allowed the writ petition with a direction to the District Magistrate, Sonepat to give effect to the order dated 08.02.2016 i.e. first order passed by the District Magistrate, Sonepat, for taking over the possession, and also to submit a compliance report to the Registrar Judicial of this Court. As per report of Naib Tehsildar dated 19.09.2017 (Annexure P-4), the possession had been taken on 19.09.2017. Thereafter, a public notice dated 23.09.2017 (Annexure P- 5) with regard to taking over the possession was published in the newspaper. The bids were also invited in pursuance to the E-Auction Notice dated 24.11.2017 (Annexure P-6). The auction slated for particular date could not be materialized and therefore, vide corrigendum notice dated 15.12.2017 (Annexure P-8), the auction date was extended to 04.01.2018 i.e. today. The petitioner-Company received the notice dated 26.12.2017 (Annexure P-1) on 27.12.2017, indicating that the borrower of erstwhile banks had encroached the land belonging to the National Highway. All efforts were made to ascertain the actual and alleged encroachment by the borrower viz-a-viz the notification purportedly issued under Section 3 and 3(G) of the National Highways Act, but did not yeild any result. Even a representation dated 29.12.2017 (Annexure P-9) to the E-auction notice dated 26.12.2017 (Annexure P-1) had been submitted to the National Highway Authority, but of no avail and there is likelihood that the petitioner-company shall be dispossessed without affording any opportunity of hearing, much less, ascertainment of alleged encroachment which according to the petitioner is none.
