CWP No.11951 of 2010.doc - 1 - HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.11951 of 2010 Date of Decision: 29.11.2010 **** M/s. Dashmesh Marble Cutting & Polishing Agency . . . . Petitioner VS. NHAI & Anr. . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** Present: Mr. Gaurav Mohunta, Advocate; Mr. Naveen Sheoran, Advocate; and Mr. ADS Jattana, Advocate for the petitioner(s) Mr. Sunil K. Sahore, Advocate for respondent No.1 Mr. HK Aurora, Advocate for respondent No.2 & 3 ***** SURYA KANT J. (ORAL) 1. This order shall dispose of CWP Nos.11951, 15089, 15092, 15111, 15370, 15382, 15383, 15404, 15487, 15499, 15579, 16042 & 17379 of 2010 as issues involved in these cases are common for adjudication. 2. The petitioners are having their business premises on the National Highways No.22 & 64. They are aggrieved by the show cause notices issued to some of them by the Municipal Council, Zirakpur as well as the National Highway Authority of India, calling upon them to remove their structures abutting the National Highways/Expressway. It appears that the show cause notices have been issued to the petitioners in compliance to the directions issued by this Court to remove the CWP No.11951 of 2010.doc - 2 - unauthorized encroachments on the National Highways/Expressway. 3. The main grievance of the petitioners is that given an opportunity they are willing to prove that the construction raised by them does not fall within the prescribed limit notified by the National Highway Authority of India and/or the Local Authorities. 4. It is also their contention that the constructions raised prior to 01.07.1995 are exempted from the rigours of the revised paramaters and such structures cannot be removed. It is asserted that the buildings constructed by some of the petitioner(s) are in fact prior to 01.07.1995. 5. Having heard learned counsel for the parties, I am of the considered view that such like disputed questions of fact cannot be resolved by a writ Court especially when the petitioner(s) have got an efficacious alternative remedy to approach the National Highway Authority of India under Section 3 Chapter II of the Control of National Highways (Land and Traffic) Act, 2002. The aggrieved party can further file statutory appeal before the National Highway Tribunal at Chandigarh constituted under Section 5 Chapter II of the aforesaid Act. 6. Suffice it to say that the Administrator and/or the Appellate Tribunal, as the case may be, would be obligated to address CWP No.11951 of 2010.doc - 3 - both the issues raised on behalf of the petitioner(s), as noticed above. 7. The writ petition(s) is/are accordingly disposed of with liberty to the petitioners to approach the Highway Administrator/competent Authority under Section 3 Chapter II of the Act within a period of two weeks from the date of receipt of a certified copy of this order. Till then, the directions to maintain status quo issued by this Court vide order dated 09.07.2010 shall continue to operate. 8. It is, however, clarified that the aforesaid order shall not apply to the land which has already been acquired by the National Highway Authority of India and it shall be well within its rights to take possession of the said land for the purposes of expansion of National Highway/Expressway. 9. Ordered accordingly. Dasti. 29.11.2010 vishal shonkar (SURYA KANT) JUDGE