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2021 Supreme(Kar) 495

SATISH CHANDRA SHARMA, SURAJ GOVINDARAJ
Union of India Ministry of Shipping – Appellant
Versus
Veerappa S/O. Gudde Thimmaiah – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SMT.Shilpa Shah, ADV.,
For the Respondent: SRI.S.Chandrashekar, ADV. FOR SRI.H.C.Shivaramu, ADV.

JUDGMENT :

1. The present writ appeal has been filed by the appellant Union of India and another against the order dated 26.10.2010 passed by the learned Single Judge in WP.No.3758/2008 between Veerappa and Union of India and Another.

2. The facts of the case reveal that for the purpose of widening the existing Highway to four lane from km 28.200 to km 110.000 on National Highway – 48 (Nelamangala – Hassan Section), the Ministry of Shipping, Road Transport and Highways in exercise of powers conferred by sub-section (1) of Section 3A of the National Highways Act, 1956 (hereinafter referred to as Act of 1956), issued a notification dated 17.11.2006 declaring its intention to acquire the lands mentioned in the schedule therein to ensure availability of right of way of 60 metres. The aforesaid notification was issued after carrying out proper survey and after obtaining necessary technical advice from the experts on the subject.

3. The substance of the notification was published in the Times of India on 22.12.2006 and in Kannada Prabha again on 21.12.2006 and the respondent before this Court (petitioner) filed his objections under Section 3-C of the Act of 1956. After hearing the objection

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