JUDGMENT
Markandey Katju, C.J.
1. Writ Appeal No.3 of 2005 has been filed against the impugned order of the learned single Judge dated 08.11.2004 and Writ Appeal No.13 of 2005 has been filed against the impugned order of the learned single Judge dated 31.12.2004.
2. These writ appeals are being disposed off by this common judgment.
3. During the pendency of these appeals, it appears that certain developments have taken place. The Highways Administration Rules have been notified on 20.10.2004 and thereafter, a notification has been issued by the Central Government dated 20.01.2005 establishing the national Highways Administration to exercise powers and discharge functions under the Control of National Highways (Land and Traffic) Act, 2002 and for defining the limits of National Highways and the date of coming into force of the notification.
4. Thereafter, by notification dated 27.01.2005 issued under Section 1(3) of the Control of National Highways (Land and Traffic) Act, 2002 the Central Government has appointed the 27th day of January 2005 as the date on which the said Act shall come into force. Thus, admittedly Act 13 of 2003 has come into force on 27.01.2005. A notification dated 16.03.2005 has also been issued making amendments to the notification dated 20.01.2005.
5. In view of all these developments, we are of the opinion that now the concerned authority under Act 13 of 2003 can take such action as provided for under the aforesaid Act. If they take any action, of course, it will be open for the first respondent or other person or authority to challenge such action before the appropriate forum in appropriate proceedings.
6. However, before parting with these cases we wish to express our opinion that National Highways are absolutely essential in the interest of the progress of our nation, as they are essential for free flow of trade and commerce through out the territory of India, as is indeed the mandate of Article 301 of the Constitution. Today India is progressing fast in the industrial and commercial field, and hence, such highways will contribute greatly to the nation’s economic progress. Hence, there should ordinarily be no obstruction to such highways.
7. The impugned orders passed in Writ Petition Nos.32345 of 2004 dated 08.11.2004 and Writ Petition No.34956 of 2004 dated 31.12.2004 are substituted by this judgment. W.A.M.P.Nos.6 and 32 of 2005 are closed.