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2024 Supreme(Pat) 119

PRABHAT KUMAR SINGH
Angad Kumar @ Angad Prasad Yadav – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners: M/s YC Verma, Sr. Adv., Ashok Kumar.
For the State : M/s Pushpanjali Sharma, AC to SC 20.
For the NHAI : Mr. Kumar Gautam.

Prabhat Kumar Singh, J. – Heard learned counsel for the parties.

2. Writ petition has been filed for a direction to the respondents to cancel the new alignment of Jai-Nagar Aurangabad North-South Corridor (Bharat Mala Sringkhala) running through the Pabhera Mauza, P.S.-Dhanarua, Distt.- Patna and to accept the previous alignment of the same road passing through the village- Pabhera considering the unnecessary encroachment of the land of the petitioners including the land of the villagers.

3. In this case, counter affidavit has been filed on behalf of respondents no. 3 and 4. In paragraph 5 thereof, it has been stated that in the matter 3A Gazette Notification was done vide S.O. No. 3244(E) dated 23-09-2020 and 3D vide S.O. No. 1311 (E) dated 24.03.2021 and after publication of Gazette u/s 3D of the NH Act, land vested in the Central Government free from all encumbrances. A photo copy of the Gazette Notifications vide S.O. No. 3244(E) dated 23.09.2020 and 3D vide S.O. No. 1311 (E) dated 24.03.2021 is contained in Annexure R 3& 4-1 & 1A to the Counter affidavit.

4. Law is well settled that Courts are not at all equipped to decide upon the viability and feasibility of the particular proj

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