Division Bench dismissed special appeals challenging the acquiescence of a Single Judge approving land acquisition under the National Highways Act, following a precedent set in a connected matter.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Spl. Appl. Writ No. 431/2019
Ratan Lal S/o Sh. Amar Chand, Aged About 52 Years, B/c Aheer, R/o Village Jojro Ka Khera, Tehsil Gangarar, District Chittorgarh.
----Appellant
Versus
----Respondents
Connected with
D.B. Spl. Appl. Writ No. 485/2019
Chhagan Lal S/o Sh. Uday Ram, Aged About 56 Years, B/c Aheer, R/o Village Jojro Ka Khera, Tehsil Gangarar, District Chittorgarh.
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. Anil Vyas For Respondent(s) : Mr. Sharad Kothari & Mr. Lalit Pareek
(2 of 2)
[SAW-431/2019]
HON'BLE THE CHIEF JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE DINESH MEHTA
Judgment
20/05/2019
The appellants are aggrieved by the judgment of the learned Single Judge, who declined to interfere with the acquisition of land, under Section 3A of the National Highways Act. The appellants’ main contention was that the objection under Section 3C was not dealt with in accordance with law. The learned Single Judge, by a detailed judgment dismissed the writ petition.
At the outset, this Court notices that the judgment of the learned Single Judge has been affirmed in the course of another appeal, i.e., Kalu Vs.Union of India & Ors - D.B. Civil Special Appeal (W) No.199/2019, decided on 26.2.2019 .
The Division Bench, also by its judgment considered the grounds of appeal, including the contention that the land in question was shown as Aabadi land in the revenue records.
In the light of these developments, the Court is of the opinion that a different view cannot be taken. Following the judgment in Kalu (supra), the present appeals are dismissed.
(DINESH MEHTA),J (S. RAVINDRA BHAT),CJ
32-33-CPGoyal/-
2 issues framed by the court
Whether the Single Judge failed to deal with the objection under Section 3C of the National Highways Act.
Whether the land was correctly classified as Aabadi land in revenue records.
Colour shows how this judgement treated each authority
Kalu Vs. Union of IndiaFollowed¶29
Kalu Vs. Union of India & Ors - D.B. Civil Special Appeal (W) No.199/2019
2 provisions across 1 enactments
Ratan Lal
Chhagan Lal
Union Of India
National Highway Authority Of India
District Collector, Chittorgarh
Tehsildar, Tehsil Gangrar
Dinesh Mehta
S. Ravindra Bhat
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
