Neutral Citation No. - 2025:AHC:67419-DB Court No. - 21 Case :- WRIT - C No. - 8563 of 2025 Petitioner :- Mohammad Ali Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Pardeep Narayan Pandey,Ramanand Pandey Counsel for Respondent :- A.S.G.I.,C.S.C.,Pranjal Mehrotra Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The petitioner has prayed for quashing of a report submitted by Executive Engineer, PWD dated 26.12.2024 to District Magistrate, Sant Kabir Nagar for making available alternative land for the cemetery (kabristan) in lieu of 0.07 hectare of the land of cemetery, which is getting affected by the proposed highway for which acquisition is underway. 2. The report mentions that keeping in view the emotions of the villagers, an alternative land be identified for allotment to the community for cemetery. The petitioner has also prayed for a writ of mandamus commanding the respondents to change the alignment of the proposed highway so that it does not affect the cemetery. 3. It appears that a notification under Section 3A of National Highways Act, 1956 was issued on 11th October, 2024. The notification invites objections from persons interested in the land, proposed to be acquired, within 21 days from the date of publication of the notification in the official gazette. It mentions that the Special Land Acquisition Officer, Siddharthnagar, who is the competent authority, would give opportunity of hearing to such person and after holding further enquiry, if any, either allow or disallow the objection. 4. The specific case of the petitioner is that the petitioner, who belongs to the muslim community and is interested in the land, has preferred objection alongwith large number of other persons belonging to the community. The objection is dated 08.11.2024. The respondents have not decided the objection so far and instead the Executive Engineer, PWD has issued the impugned communication dated 26.12.2024 recommending for allotment of alternative land. 5. It is submitted that in the vicinity of the proposed highway, a large chunk of barren land is available and, therefore, with slight modification in the alignment, the road can be constructed without affecting the land of the cemetery. It is further submitted that no notice or opportunity of hearing has been given to the objectors so far. 6. Learned counsel appearing on behalf of respondents no.1 and 2 has placed on record the written instructions received from Executive Engineer, NH Division, PWD, Siddharthnagar. It is admitted therein that objections have been filed and that report was called for on the basis of the objections. The Executive Engineer has submitted his report and has recommended for allotment of alternative land. He has also requested that the objections be decided by the competent authority. It is also stated that alternative land has already been identified. 7. It is not disputed that so far the objection preferred by the petitioner and other members of the community against the proposed acquisition has not been decided. Under Section 3C, in case, any objection is filed by any person, the same has to be decided by the competent authority after due notice and opportunity of hearing to the person concerned. 8. Having regard to the said provision, we are of the opinion that, at this stage, no ground is made out to quash the recommendation made by the Executive Engineer, PWD to the District Magistrate but at the same time, we direct the Competent Authority to proceed strictly in accordance with the scheme of the Act and decide the objections before notification under Section 3D of the Act is issued. 9. The petition stands disposed of accordingly. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 30.4.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad