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MANISH PITALE
National Highways Authority Of India – Appellant
Versus
Sub-divisional Officer Cum Land Acquisition Officer – Respondent
JUDGMENT
1. Rule. Rule made returnable forthwith. Heard finally with consent of the learned counsel appearing for the rival parties.
2. The National Highways Authority of India and the Government of India through the Ministry of Road Transport and Highways have filed the present petition challenging order dtd. 16/3/2021, passed by the respondent No.1 - Sub-Divisional Officer cum Land Acquisition Officer, Yavatmal. By the said order an application filed by respondent Nos.2 to 6 i.e. land owners, under Sec. 3C of the National Highways Act, 1956, has been allowed and specific directions have been given to the petitioners in the context of 0.88 HR land located in Gut No.4, Mouza Madkona, Tahsil and District - Yavatmal.
3. The petitioners undertook a project for constructing National Highway No.361 passing through Gut No.4, Mouza Madkona, and for that purpose provisions of the aforesaid Act were invoked for acquisition of land. Petitioner No.2 issued declaration under Sec. 3A of the aforesaid Act, declaring intention to acquire 1.8261 HR of land from Gut No.4, in Mouza Madkona. Respondent Nos.2 to 6 raised objections under Sec. 3C of the said Act in respect of the acquisition proposed to
The main legal point established in the judgment is that land acquisition proceedings can be challenged after the passing of the award in exceptional cases, and the acquisition must be for a public p....
The main legal point established in the judgment is that land acquisition proceedings can be challenged after the passing of the award and receipt of compensation in exceptional cases falling within ....
The procedure under Sections 3G and 3E of the National Highways Act was duly followed in passing the awards.
Point of Law - Section 3-H (4) of the National Highways Act, 1956, if any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereo....
The main legal point established in the judgment is the importance of following statutory procedures and respecting the orders of the constitutional courts in land acquisition matters under the Natio....
The main legal point established is that the Competent Authority for Land Acquisition (CALA) cannot revise the Award without the parties invoking the statutory remedy of appointing an Arbitrator unde....
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