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The Punjab and Haryana High Court has dismissed a petition misrepresenting National Highway Authority of India's (NHAI) plan proposing development work on the Trans Haryana North South Expressway, and seeking quashing of a land acquisition notification issued under the National Highways Act, 1956. 

Dismissing the petition, the court has ordered for the planting of trees as compensation in a recent decision involving the National Highway Authority of India, 

BACKGROUND

A petition was filed in the Punjab and Haryana High Court at Chandigarh seeking to quash land acquisition notification issued under Section 3-A of the National Highway Act, 1956 on dated 27.07.2008. The proposed Trans Haryana North South Expressway from Gangheri to Narnaul, while passing through two villages namely, Kaul and Chandlana in District Kaithal would result in demolition/destruction of a Shiv Mandir and ancient pond along with Smadh of Sidhpursh falling in the area of aforesaid villages.

Earlier, the National Highway Authority of India (NHAI) had earlier made it clear that the highway would be deviated by 50 meters  in order to save the temple and the ancient structure nearby. This decision of NHAI along with local sarpanches has been recorded in the case of Swami Satyanand vs National Highway Authority of India and others.

PETITIONER'S CONTENTION

The Petitioners    contended that NHAI has not held their end of the promise. The petitioners have appended a site map which, per their assertion, depicts that the proposed highway would still pass through the pond. Requisite steps for deviation of the stretch of about 50 meters length of the road by extending the length of flyover/bridge so as to make it pass over the property to avoid its destruction are not being taken. 

RESPONDENT’S CONTENTION

The Respondents have contended that the petitioners have deliberately misled this court by withholding/ concealing the revised site plan and/or filed the petition without proper verification of the purported site plan P/20 annexed with the petition. The Respondent have further contended that a perusal of revised site plan (Annexure R-1/4 with reply), shows that the temple area in its entirety is being protected from any untoward damage by extending the length of fly-over. In fact, part of the fly over which has been relocated to save the entire property in question. Respondents have also placed on record photographs (Annexure R-1/5), which clearly reflect that the fly-over is not obstructing the location of the temple at all.

ORDER

The Court while dismissing the petition directed the Petitioners to plant trees of deciduous and perennial nature, on both sides of the proposed expressway. The trees are to planted on a running stretch of one kilometer each towards right and one kilometer towards left side of the highway (a total of 4 kilometers), by taking the property in question (temple) as the central point/mid point. Petitioners shall give a proof of the plantation along with a letter of proof issued by the area official of Horticulture Department, who shall supervise the plantation as per norms of inter se distance to be kept between two consecutive trees.

Case Title: Pawan Kumar and others  V National Highway Authority of India and others