'Gross Apathy Towards Public Interest': Punjab & Haryana High Court Imposes 1 Lakh Cost On Plea Challenging Land Acquisition By NHAI
The Punjab & Haryana High Court recently dismissed a plea challenging the land acquisition by NHAI for the Ambala-Chandigarh Highway and imposed a cost of Rs.1 lakh on the petitioner for lack of empathy for the larger public interest.The division bench of Justice Sureshwar Thakur and Justice Kuldeep Tiwari criticised the petitioner for obstruction in giving possession of the land and...
The Punjab & Haryana High Court recently dismissed a plea challenging the land acquisition by NHAI for the Ambala-Chandigarh Highway and imposed a cost of Rs.1 lakh on the petitioner for lack of empathy for the larger public interest.
The division bench of Justice Sureshwar Thakur and Justice Kuldeep Tiwari criticised the petitioner for obstruction in giving possession of the land and said,
“...apathy of the petitioner to the larger public interest, rather his focusing on his individualistic interest, is required to be deprecated. Therefore, the petition is dismissed with costs of Rs.1,00,000/- to be forthwith deposited in the Poor Patient Fund of the P.G.I.M.E.R., Chandigarh.”
The bench noted that the process of construction of flyovers is at an advanced stage and out of 8 pillars, 7 pillars have already been constructed and not giving of the possession of the land by the petitioner is "unlawful."
It is evident from the photographs placed on record that since the petitioner is not delivering the land the area is facing the issue of traffic jam, the Court further pointed out.
"Therefore, its acquisition is but essential for de-clogging the congestion on the section concerned. Resultantly, in respect of the contentious khasra number, thus precedence has to be assigned to public interest, than to the individual interest of the petitioner," the bench opined.
These observations came in response to a civil writ petition filed by Gurdarshan Singh Gill seeking the quashing of an order wherein representation for not acquiring his land before the authorities was dismissed.
The counsel for the petitioner argued that the land is not required for the purpose of the project. However, the bench rejected the contention and observed, "It appears that the petitioner is projecting, that the NHAI is constructing the national highway concerned, in a zigzag manner, therefore apparently he is erecting a submission that there is no necessity of the disputed khasra number becoming subjected to lawful acquisition."
"A perusal of the sanctioned plan...which has been prepared by a team of experts, after taking into consideration all the relevant factors, rather makes amplificatory speakings, that the construction of the service lane concerned, thus has to occur, upon, the contentious khasra number, and, is not to be done in a zigzag manner," the Court said.
It further added that since the sanctioned plan for the highway is prepared by the experts, its correctness cannot be questioned.
Consequently, while dismissing the plea, the Court directed Gill to promptly hand over the possession of the land to the concerned authorities.
Case Title: Gurdarshan Singh Gill v. UOI
Citation: 2023 LiveLaw (PH) 151
Appearance: Ashwani Kumar Chopra, Sr. Advocate assisted by Vidul Kapoor, Advocate and
Prateek Sodhi, Advocate for the petitioner.
R.S. Madaan, Advocate with Mahender Joshi, Advocate and Nanvi Gupta, Advocate
for the respondent No.2-NHAI.
Maninder Singh, DAG, Punjab.