[2026:RJ-JP:16736] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6855/2026 Kaushalya Devi W/o. Shri Kishanlal, Aged About 53 Years, Resident Of Village Samleti, Post Samleti, District Dausa Rajasthan ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Public Works Department, Government Of Rajasthan, Secretariat, Jaipur Rajasthan 2. Collector, Dausa Rajasthan 3. National Highway Authority, Through Authorized Officer Cum Land Acquisition Officer (Sdo), Mahuwa, District Dausa, Rajasthan 4. Uoi Through Ministry Of Road Transport And Highways, Through Secretary, Ajmer Rd, Opposite Elements Mall, Uma Colony, Ajmera Garden, Shanti Nagar, Dcm, Jaipur, Rajasthan 5. Chief Engineer (Nh) Pwd, National Highway (Nh) Cell, Nirman Bhawan, Jacob Road, Civil Lines, Jaipur Rajasthan 6. Director Town Planning And Development, Indira Circle, Opposite Birla Mandir, Jln Marg, Jaipur Rajasthan 7. Nagar Palika, Mahwa, Dausa, Rajasthan. ----Respondents For Petitioner(s) : Mr. Prem Shankar Sharma Mr. Jitendra Sharma HON'BLE MR. JUSTICE ANUROOP SINGHI Order 21/04/2026 1. The present writ petition has been filed by the petitioner with the following prayers: “It is therefore, most respectfully prayed that your lordships may graciously be pleased to call for the record, examine the same and allow the writ petition by issuing an appropriate writ, order or direction- i. Issue an appropriate writ, order or direction, thereby quashing and setting aside the impugned notification dated 28.11.2025 issued by the respondents under the provisions of the National [2026:RJ-JP:16736] (2 of 5) [CW-6855/2026] Highways Act, 1956, to the extent it pertains to the land of the petitioner situated at Village Dhanturi, Tehsil Mahuwa, District Dausa bearing khasra No. 655/4 (eariler Khasra No. 4/4); ii. Issue an appropriate writ, order or direction directing the respondents to consider and decide the objections filed by the petitioner under Sections 3A and 3C of the National Highways Act, 1956 in a fair, reasonable and time bound manner after affording an opportunity of personal hearing; iii. Issue an appropriate writ, order or direction directing the respondents to reconsider the alignment of the proposed highway/bypass and to explore alternative routes avoiding residential Municipal areas including Village Thekra and Dhanturi in accordance with the Mahwa Master Plan-2038; iv. Issue an appropriate writ, order or direction directing the respondents to conduct inquiry in the ongoing survey reporting for the Mahwa Bypass by the PWD; v. Issue an appropriate writ, order or direction the respondents may be directed to pay the compensation looking to the value of the land being commercial i.e. value of the land being commercial i.e. khasra No. 655/4 and the loss of livelihood of the petitioner specially keeping in view the fact that the petitioner is widowed cancer patient and belongs to ST Community; or the petitioner may be offered land of equivalent value of commercial use within the nearby open government land in lieu of land being acquired from the petitioner. vi. Any other order or direction as may be deemed just and proper in the facts and circumstances of the case and in favour of the humble petitioner be also passed. [2026:RJ-JP:16736] (3 of 5) [CW-6855/2026] Vii. Cost of the Writ Petition may kindly be awarded in favour of the petitioner.” 2. Mr. Prem Shankar Sharma, learned counsel appearing for the petitioner submits that the respondents are proceeding ahead with the acquisition proceedings in defiance of the provisions of Section 3C of the National Highways Act, 1956 (hereinafter referred to as “the Act of 1956”) as despite objections having already been made by the petitioner on 16.12.2025 (Annexure-11), till date no opportunity of hearing has been granted to the petitioner as envisaged under Section 3C(2) of the Act of 1956, much less to decide the said objections. 3. Learned counsel for the petitioner further submits that while, on the one hand, the adjudication of the objections has been kept pending, on the other hand, the respondents have proceeded ahead with the issuance of the notice inviting bid dated 12.01.2026 (Annexure-12) in furtherance of the very same acquisition proceedings. Thus, learned counsel submits that the respondents may be directed to consider and decide the objections strictly in accordance with the provisions governing the acquisition proceedings. 4. A bare perusal of Section 3C and Section 3D of the Act of 1956 makes it manifest that the objections so made by any person are required to be decided in the manner as provided under the said provisions. For reference Section 3C and Section 3D of the Act of 1956 read as under:- “3C. Hearing of objections.—(1) Any person interested in the land may, within twenty-one days from the date of publication of the notification under sub- section (1) of section 3A, object to the use of the land [2026:RJ-JP:16736] (4 of 5) [CW-6855/2026] for the purpose or purposes mentioned in that sub- section. (2) Every objection under sub-section (1) shall be made to the competent authority in writing and shall set out the grounds thereof and the competent authority shall give the objector an opportunity of being heard, either in person or by a legal practitioner, and may, after hearing all such objections and after making such further enquiry, it any, as the competent authority thinks necessary, by order, either allow or disallow the objections. Explanation.—For the purposes of this sub-section, “legal practitioner” has the same meaning as in clause (i) of sub-section (1) of section 2 of the Advocates Act, 1961 (25 of 1.961). (3) Any order made by the competent authority under sub-section (2) shall be final. 3D. Declaration of acquisition.—(1) Where no objection under sub-section (1) of section 3C has been made to the competent authority within the period specified therein or where the competent authority has disallowed the objection under sub-section (2) of that section, the competent authority shall, as soon as may be, submit a report accordingly to the Central Government and on receipt of such report, the Central Government shall declare, by notification in the Official Gazette, that the land should be acquired for the purpose or purposes mentioned in sub-section (1) of section 3A. (2) On the publication of the declaration under sub- section (1), the land shall vest absolutely in the Central Government free from all encumbrances. (3) Where in respect of any land, a notification has been published under sub-section (1) of section 3A for its [2026:RJ-JP:16736] (5 of 5) [CW-6855/2026] acquisition but no declaration under sub-section (1) has been published within a period of one year from the date of publication of that notification, the said notification shall cease to have any effect: Provided that in computing the said period of one year, the period or periods during which any action or proceedings to be taken in pursuance of the notification issued under sub-section (1) of section 3A is stayed by an order of a court shall be excluded. (4) A declaration made by the Central Government under sub-section (1) shall not be called in question in any court or by any other authority.” 5. There is no occasion for this Court to believe that the respondents would proceed ahead with the acquisition proceedings without deciding the objections submitted by the petitioner. The respondent – Authorities are duly bound to ensure that the mandatory provisions as envisaged under Section 3C and 3D of the Act of 1956 are duly adhered to and thus, no interference in the acquisition proceedings is required at this stage. 6. Accordingly, taking note of the submissions that the objections filed by the petitioner under Section 3C of the Act of 1956 are pending and the same are required to be considered in accordance with the provisions of Section 3C of the Act of 1956, the writ petition stands disposed of. 7. Pending application(s), if any, also stand disposed of. (ANUROOP SINGHI),J DANISH USMANI /02