JUDGMENT :

R.F. Nariman, J.

1. Leave granted.

2. Mr. Mukul Rohatgi, learned Senior Advocate appearing for the Union of India, submits that the impugned judgment passed in these two cases suffers from an obvious error in that the judgment of this Court in the case of Madishetti Bala Ramul (D) through LRs vs. The Land Acquisition Officer, 2007 (3) RCR (Civil) 455 was followed, which judgment applied only to the Land Acquisition Act and which cannot be made applicable to the National Highways Act for the reason that Section 3G (5) contains a scheme entirely different from and at variance from the scheme contained in the Land Acquisition Act.

3. Mr. Gaurav Agrawal, learned counsel and Mr. Neeraj Kumar Jain, learned senior counsel appearing for the respondents were not able to seriously controvert this position. Even though there is a considerable delay in these matters, we find that it has been condoned by this Court. M/s Gaurav Agrawal and Neeraj Kumar Jain also point out that a review petition was filed which was limited only to two types of land and the point which Mr. Rohatgi has argued before us was not urged in the said review petition.

4. Having heard learned counsel for both sides,