I.S. Mehta ORDER
Dr. S. Muralidhar, J.
1. The challenge in this petition is to a notification dated 15th May, 2017 issued by the Ministry of Road Transport and Highways, Government of India under Section 3-A (1) of the National Highways Act, 1956 ('NH Act')
declaring the intention of the Central Government to acquire the land of the Petitioner admeasuring 0.620 acres forming part of Survey No. 56//16, 56//17/1 and 56//24/2 situation at Bijwasan Village, Southwest Delhi for the public purpose of "building (widening/four laning etc.), maintenance, management and operation of Dwarka Expressway on stretch of land from km 1.500 to km 9.900 in District South West in the State of Delhi". Also challenged in this writ petition is the subsequent declaration dated 20th November, 2017 under Section 3-D of the NH Act. The order passed by the Competent Authority Land Acquisition ('CALA') under Section 3-C of the NH Act on 31st August, 2017/6th September, 2017, disallowing the objections filed by the Petitioner, has also been questioned.
2. This writ petition was filed on 23rd May, 2018. On 25th May, 2018, while directing notice to issue, the case was fixed for hearing on 30th August, 2018.
3. It is significant that although the Petitioner had sought for an interim relief against dispossession, no interim stay was granted by this Court.
4. In the reply filed to the petition by the NHAI (Respondent No. 2) on 3rd August, 2018, a reference was made to an order dated 1st May, 2018 passed by a Coordinate Bench of this Court in W.P.(C) No. 4520/2018 (Ferrari Estates LLP v. Union of India) and W.P.(C) No. 4521/2018 (Purshottam Behl v. UOI) respectively where again the Court had declined to grant ad interim relief in similar circumstances.
5. It is further pointed out that by a notification dated 23rd June, 2017, in exercise of the powers under Section 2(2) of the NH Act, the Central Government had declared a highway starting from its junction with NH-48 near Shiv Murti connecting Bharthal Chowk, Delhi and terminating near Kherki Daula on NH 48 in the State of Haryana as National Highway No. 248BB. It is stated that the said highway is also called the 'Dwarka Expressway'. It is, inter alia, pointed out that the Dwarka Expressway will provide a bypass to the existing NH-8 which will provide a high speed alternative connectivity (parallel to existing NH-8) and this will help in decongestion of the NH-8. Enclosing a copy of the order dated 6th September, 2017 passed by the CALA, rejecting the Petitioner's objections under Section 3-C of the NH Act, the NHAI points out that the said order has not been challenged by the Petitioner. It is claimed that the land is vested with the NHAI under Section 3-B of the NH Act.
6. By an order dated 20th March, 2018, the CALA has assessed the compensation under Section 3-G (1) read with Section 3-G (7) of the NH Act. It is claimed that the acquisition proceedings have been carried out strictly in accordance with the procedure laid down in law. It is submitted that the benefits of acquisition along with detailed reasons for choosing the site of the Toll plaza has also been communicated to the Petitioner.
7. Mr. Sumit Bansal, learned counsel appearing for the Petitioner, has submitted as follows: