Rajasthan High Court - Jodhpur
Kailash Chand Lodha vs National Highway Authority Of India ... on 17 March, 2025
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2025:RJ-JD:14223-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition No. 5872/2025
Kailash Chand Lodha S/o Shri Laxmi Chand Lodha, Aged About
76 Years, Resident Of 65, Thar Meadows, Jaisalmer, Bypass
Road, Pal Village, Jodhpur.
----Petitioner
Versus
National Highway Authority Of India, Through Project Director,
Project Implementation Unit, Rajeevayan 188, Umaid Heritage
Ratanada, Jodhpur.
----Respondent
For Petitioner(s) : Mr. Dheerendra Singh Sodha
For Respondent(s) : Mr. Ankur Mathur
Mr. Harshvardhan Thanvi
Ms. Divya Bapan
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI
Order
17/03/2025
1. This instant civil writ petition has been preferred claiming the
following reliefs:-
"It is, therefore, most humbly and respectfully
prayed that by appropriate writ, order or
direction:
I. That this PIL writ petition may kindly be
admit and allowed and the respondents may
kindly be directed to immediately commence with
the construction of the said patch of the National
Highway remained unpaved from Keru to
Dangiyawas in accordance with the approved map
without any further dalay.
II. That the respondents may kindly be directed
to make the said patch of the service line of the
National Highways usable for vehicles forthwith.
III. Any other appropriate order or direction,
which this Hon'ble Court deem fit and proper in
the facts and circumstances of the case may
kindly be passed in favour of the petitioner.
IV. Cost of the writ petition may also be
awarded in favour of the petitioner."
(2 of 7) [CW-5872/2025]
2. Learned counsel for the petitioner informs that serious fatal
accidents have occurred due to the non-completion of the ring
road situated at National Highway No. 65 from Keru to Dangiywas,
specifically the unconstructed stretch from Dali Bai Mandir
Chauraha Service Lane, causing fatalities to young persons. He
highlighted that in year 2024, multiple accidents have happened
at the site, starting from a truck driver loosing his control and
climbing the vehicle on the divider in the middle of the road, to a
collision between a truck and a bike, which one three different
instances, led to death of three people on the spot, whose dead
bodies were shifted to AIIMS Hospital.
3 Mr. Ankur Mathur, learned counsel appearing on behalf of the
respondent-National Highways Authority of India has submitted
that they have already paid the amount of compensation and if
any remains unpaid, they shall be ready to pay whatever
compensation is due, but the prestigious ring road project at
Jodhpur town has to be completed. He further submits that the
dispute before the learned Single Bench of this Court is only
regarding the ownership of the land and not pertaining to any
challenge to the acquisition.
3.1. Learned counsel for the respondent-National Highways
Authority of India has presented his position through a detailed
reply, the contents of which are reproduce here under:-
"1. That the present writ petition under Article 226
has been preferred by the petitioner as a public
interest litigation, seeking immediate directions for
the construction of the road situated at National
Highway No. 65 from Keru to Dangiyawas,
specifically the unconstructed stretch from Dali Bai
Mandir Choraha service lane.
2. That the disputed stretch of road falls within
Khasra No. 108 of Chopasani Jagir, and other parts
(3 of 7) [CW-5872/2025]
of land which was previously acquired by the Public
Works Department (PWD) following the due process
of law.
3. That the revenue records reflect the name of the
Urban Improvement Trust (UIT)/Jodhpur
Development Authority (JDA) as the owner of the
land. Consequently. compensation for the acquired
land was neither paid nor claimed by any other
person following the publication of the requisite
notice.
4. That, notwithstanding the above, the land
presently vests with the Public Works Department
and has subsequently been handed over to the
National Highway Authority of India (NHAI) for the
execution of the prestigious Ring Road project in
Jodhpur.
5. That in 2009, a writ petition, S.B. Civil Writ
Petition No. 10317/2009, titled as Urban
Improvement Trust Vs. Girdhari & Ors., was filed
before this Hon'ble Court, inter alia, seeking:-
a. By an appropriate writ, order or direction
the judgment and decree dated 28.06.2003
passed by the Revenue Appellate Authority in
appeal No. 17/2002 and judgment dated
03.09.2003 in Appeal No 126/2003 by the Board
of Revenue for Rajasthan whereby the appeal
was dismissed be quashed and the order of
Assistant Collector and Magistrate dated
10.08.1989 whereby the suit is dismissed be
restored and the petitioner be declared as owner
of the land as the land was set apart way back
on 24.11.1984 possession is with the present
petitioner and mutation was also made in favour
of the present petitioner on 10.10.1985 and the
premium of the land was deposited by the
present petitioner and the district Collector,
Jodhpur since village Chopasani Nathdwara
where the land is situated has been published
under section 3 of the Urban Improvement Trust
Act and at that relevant time the land was
mentioned as government land in the
Jamabnandi therefore, the land was rightly set
apart by the Urban Improvement Trust Jodhpur.
b. That the Deputy Inspector General of
Stamps, Jodhpur may be directed that pending
this writ petition no registry could be made in
favour of the patta/lease deed initially issued by
the Urban Improvement Trust now Jodhpur
Development Authority in light of the judgment
passed by the Revenue Appellate Authority and
the Board of Revenue on the basis of this order
conversion has been made by the Urban
Improvement Trust which now has notice have
been issued and after due process of law as the
land belongs to the Urban Improvement Trust,
therefore, the patta was wrongly granted;
c. Any other relief which this Hon'ble Court
may deem just and proper in the facts and
circumstances of the case may kindly be passed
in favour of the petitioner.
d. Costs of this writ petition may kindly be
allowed to the humble petitioner.
(4 of 7) [CW-5872/2025]
6. That the background of the facts are that the
Girdhari and others had previously filed a suit under
Sections 88 and 188 of the Rajasthan Tenancy Act,
1955, seeking declaration as Khatedars of the land in
Khasra No. 83 (2) bighas 5 biswas), Khasra No. 104
(18 bighas 17 biswas), and Khasra No. 108 (11
bighas 8 biswas), aggregating to 32 bighas 10
biswas. The suit was allowed by the Settlement
Officer-cum-Revenue Appellate Authority, Jodhpur.
7. That the aforementioned writ petition arises
from the judgment and decree dated 03.09.2003,
passed in Appeal No. 126/2003 by the Board of
Revenue for Rajasthan. Ajmer, dismissing UIT's
appeal.
8. That this Hon'ble Court, at the initial stage,
while issuing notices in S.B. Civil Writ Petition No.
10317/2009, directed maintenance of status quo
concerning the land in question vide order dated
26.09.2011. This interim order has resulted in the
delay in the construction of the road. The petitioner
craves leave to place on record the relevant
documents concerning the construction of the Ring
Road, covering Khasra No. 108 of Chopasani Jagir.
Copies of the documents are submitted herewith and
marked as Annexure-1 collectively.
9. That considering the said aspect, the
answering respondent preferred two applications
before the learned Single Bench:-
(i) under Order 1 Rule 10 of the Code of Civil
Procedure, seeking impleadment as a party
respondent in the litigation, and
(ii) seeking liberty to construct the Ring Road on
the disputed land, on the premise that the
answering respondent be allowed to widen the
road on the land already acquired by PWD. The
only remaining issue would be the awarding of
compensation. The answering respondent also
assured the Court of its willingness to deposit
the compensation in favor of the original owner
as per the decision of the learned Single Bench/
Division Bench.
10. That subsequently, the said applications were
heard by the learned Single Bench, and the matter
was reserved for final arguments on 02.09.2023.
Thereafter, the matter was again listed on
21.12.2023, whereupon it was ordered to be heard
again in the first week of January 2024, on
04.01.2024, along with other similar writ petitions
bearing Nos. S.B. Civil Writ Petition Nos. 6967/2018,
5653/2007, 5654/2007, 6421/2007. 5641/2018,
6926/2018, 7476/2018, 7485/2018, and 7663/2018.
A copy of the order dated 21.12.2023 is submitted
herewith and marked as Annexure-2.
11. That finally, the matter was concluded and
reserved for judgment vide order dated 09.01.2024.
It is now pertinent to mention here that due to the
subsisting interim order for maintenance of status
quo and the pending decision. the answering
respondent remains bound by the orders of this
Hon'ble Court and, consequently, is unable to
proceed with the completion of the unconstructed
patch of the service line from Dali Bai Mandir
(5 of 7) [CW-5872/2025]
Choraha. Further, the local khatedar has also created
hinderance in proceeding for construction of the
road. A copy of the order dated 09.01.2024 is
submitted herewith and marked as Annexure-3.
12. That it is respectfully submitted that the
aforesaid writ petition pertains to a dispute of
ownership between the parties; however, the land in
question stands acquired by the Public Works
Department (PWD) and vests with the government
authority. The question of title shall be determined
upon adjudication of the pending writ petition. The
answering respondent, NHAI, shall act as the
disbursing agency in compliance with the directions
of this Hon'ble Court. It is, however, submitted that
the compensation due to the rightful claimant in the
pending writ petition has already been deposited in
the treasury/JDA and the answering respondent
further undertakes to comply by the directions of the
Hon'ble Court in regard to compensation, if any.
13. That is necessary to submit before this hon'ble
court that the unconstructed patch of the service line
poses a severe risk of accidents due to one-way
traffic, leading to multiple casualties and
inconvenience to the commuters."
3.2. Learned counsel appearing for the respondent-National
Highways Authority of India has made a statement that due
compensation or arising compensation of dispute resolution in the
writs shall be duly borne by NHAI and necessary payments of
compensation shall be made expeditiously.
4. In light of the factum and submissions made, this Court finds
that it is a fit case where the total traffic on the ring road is being
disturbed on account of the road having not been constructed at
NH-65 from Keru to Dangiywas, specifically the unconstructed
stretch from Dali Bai Mandir Chawrah Service Lane, on count of
dispute between the landholders of Khasra No.108 of Choupasani
Jagir.
5. A writ petition bearing S.B. Civil Writ Petition No.
10317/2009, titled as Urban Improvement Trust Vs. Girdhari &
Ors., was filed wherein one of the reliefs sought is reproduced
hereunder:-
"a. By an appropriate writ, order or direction the
judgment and decree dated 28.06.2003 passed by
the Revenue Appellate Authority in appeal No.
(6 of 7) [CW-5872/2025]
17/2002 and judgment dated 03.09.2003 in Appeal
No 126/2003 by the Board of Revenue for Rajasthan
whereby the appeal was dismissed be quashed and
the order of Assistant Collector and Magistrate dated
10.08.1989 whereby the suit is dismissed be restored
and the petitioner be declared as owner of the land as
the land was set apart way back on 24.11.1984
possession is with the present petitioner and mutation
was also made in favour of the present petitioner on
10.10.1985 and the premium of the land was
deposited by the present petitioner and the district
Collector, Jodhpur since village Chopasani Nathdwara
where the land is situated has been published under
section 3 of the Urban Improvement Trust Act and at
that relevant time the land was mentioned as
government land in the Jamabnandi therefore, the
land was rightly set apart by the Urban Improvement
Trust Jodhpur."
5.1. Upon the perusal of the aforementioned prayer, this Court
observes that the dispute here is inter-se between the parties
regarding ownership and mutation and has nothing to do with
lawfulness of acquisition process; and what is required to be
determined is which is of the parties was entitled for the
compensation.
5.2 This Court is extremely concerned about the frequent deaths
that have occurred in the last few months due to the accidents at
the particular stretch of the National Highway Project in question.
5.3 It is not in dispute that the stretch in question is already
acquired by NHAI for the purpose of construction of National
Highway and except for this stretch, the rest of the project is
already complete.
6. In light of the aforesaid and in the larger public interest of
the Johdpur Town, it is directed that the respondents shall
complete the work of ring road at NH-65 from Keru to Dangiywas
in the unconstructed stretch from Dali Bai Mandir, Chauraha,
(7 of 7) [CW-5872/2025]
onwards, regarding Khasra No. 108 of Choupasani Jagir and other
parts of the land, which are already acquired. Such construction
shall not be affected by the learned Single Bench's order of this
Court regarding status-quo made on 26.09.2011 and continued
thereafter, as the same is operating only qua the prayer, which is
inter-se for ownership dispute and will not impact the acquisition
in question. However, whenever the outcome of the learned Single
Bench's order comes out in the petition in question and other
connected petitions, it shall determine as to who shall receive the
compensation. Thereafter, the respondent-NHAI shall be required
to determine compensation strictly in accordance with the present
order and operating law and disburse the same, as they have
already completed the acquisition process and rest of the stretch
of highway is already complete and open for full flow of the traffic.
Head-on traffic in this small stretch is nothing but an accident
waiting to happen.
7. The Dy. Commissioner of Police (West) Jodhpur, and District
Collector, Jodhpur shall ensure that such public project is
completed as soon as possible, while providing adequate and
proper backup / support to the National Highways Authority of
India.
8. List the matter after eight weeks.
(CHANDRA PRAKASH SHRIMALI),J (DR.PUSHPENDRA SINGH BHATI),J
121-Sudheer/-
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