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2016 Supreme(Chh) 160

PRASHANT KUMAR MISHRA
Santosh Devi Agrawal W/o Shri Vimal Agrawal – Appellant
Versus
Union Of India, Through Secretary Of Ministry Of Road, Transport & Highways Government Of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Shri Ankur Agrawal, Shri Raza Ali
For the Respondents: Shri Raj Kumar Gupta, Shri Bhupendra Singh, Shri Ramakant Pandey, Shri R.K. Kesharwani, Smt. Fouzia Mirza, Shri Ramakant Mishra

ORDER :

Since all the petitions involve common question of law and common facts, they are being disposed of by this common order.

2. Petitioners are land holders whose lands have been notified for acquisition under Section 3A and 3D of the National Highways Act, 1956 (hereinafter referred to as the Highways Act) for widening and construction of by-pass including four laning of National Highway No.43 (new N.H.No.30) Raipur – Dhamtari section.

3. Assailing the notifications (Annexure P/5 and P/10), it is argued by the learned counsel for the petitioners that the said notification is not in conformity with the provisions contained in Section 3A of the Highways Act, therefore, it deserves to be quashed. It is vehemently urged that in the absence of details of part of the land belonging to the petitioners, which is sought to be acquired, they have been denied opportunity to raise objection, as provided under Section 3C of the Act and thus there has been violation of principles of natural justice, which has rendered the entire exercise illegal and arbitrary. Reliance is placed in the matter of Competent Authority vs. Barangore Jute Factory and others, (2005) 13 SCC 477.

4. Learned counsel ap

































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