Vinod Kumar vs District Magistrate Mau

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 617

B. R. GAVAI, J. B. PARDIWALA
Vinod Kumar – Appellant
Versus
District Magistrate Mau – Respondent

Advocates appeared:
For the Appellant(s) : Mr. Gaurav Agrawal, Adv. Mr. Shubhranshu Padhi, AOR Mr. Ashish Yadav, Adv. Ms. Rimjhim Agnihotri, Adv. Ms. Rajeshawari Shankar, Adv. Mr. Niroop Sukrithy, Adv. Mr. Jay Nirupam, Adv.
For the Respondent(s): Mr. V.K. Shukla, Sr. Adv. Mr. Sharan Singh Thakur, A.A.G. Mr. Rajeev Kumar Dubey, Adv. Mr. Divyanshu Sahay, Adv. Mr. Ashiwan Mishra, Adv. Mr. Kamlendra Mishra, AOR Mr. Arvind Kumar Shukla, Adv. Ms. Reetu Sharma, AOR Mr. Shantanu Shukla, Adv. Mr. Tushar Swami, Adv. Mrs. Garima Prashad, Sr. Adv. Mr. Sarvesh Kumar Dubey, Adv. Mr. Nishit Agrawal, AOR

JUDGMENT :

J.B. PARDIWALA, J.

1. This appeal is at the instance of unsuccessful original writ petitioners and is directed against the order passed by a Division Bench of the High Court of Judicature at Allahabad dated 28th February, 2020 in Writ (C) No. 7310 of 2020 by which the High Court rejected the writ application filed by the appellants taking the view that the District Magistrate is competent to look into the legality and validity of the order passed by the Special Land Acquisition Officer (for short ‘SLAO’) under Section 3G(5) of the National Highways Authority Act, 1956 (for short ‘the Act 1956’).

FACTUAL MATRIX

2. The Central Government issued a notification dated 23.01.2015 in exercise of power under Section 3A(1) of the Act 1956 proposing to acquire few parcels of land situated in the District Mau for the purpose of four lane widening of the National Highway No. 29. The said notification included the land bearing Gat Nos. 158, 160 and 161 reply of the village Ahirani Bujurg, District Mau (UP).

3. In the aforesaid context, a further notification dated 21.01.2016 was issued under Section 3D of the Act 1956 declaring that the land as aforestated would be acquired for the publ

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2023 Supreme(SC) 617

B. R. GAVAI, J. B. PARDIWALAVinod Kumar – AppellantVersusDistrict Magistrate Mau – Respondent

Cases Referred (1)

B. R. GAVAI, J. B. PARDIWALA
Vinod Kumar – Appellant
Versus
District Magistrate Mau – Respondent