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2023 Supreme(Chh) 204

RAMESH SINHA, SANJAY K. AGRAWAL
National Highways Authority of India, Through Project Director – Appellant
Versus
State of Chhattisgarh, Through the Secretary, Department of Revenue and Disaster Management – Respondent


Advocates Appeared:
For the Appellant : Mr. Dhiraj Kumar Wankhede.
For the Respondents: Mr. H.S. Ahluwalia.

ORDER :

(Sanjay K. Agrawal, J.)

1. This writ appeal preferred under Section 2(1) of the Chhattisgarh High Court (Appeal to Division Bench) Act, 2006 is directed against the judgment and order dated 17-1-2023 passed in W.P.(C) No.3243/2022 by which the writ court has dismissed the writ petition preferred by the National Highways Authority of India (NHAI) – writ petitioner/writ appellant herein declining to issue appropriate writ or direction to de-notify the land in left over stretch at toll plaza location at Km. 84+000 of NH New No.130 (Old No.111) Pathrapali-Katghora Project, finding no merit.

2. Challenge to the impugned order of the writ court has been made on the following factual backdrop: -

3. For the purpose of widening of NH New No.130 (Old No.111) Pathrapali-Katghora Project, some lands situated at Village Madanpur, Tahsil Pali, District Korba and Village Mohanpur, Tahsil Katghora, District Korba, were undertaken for which initial notification under Section 3A of the National Highways Act, 1956 (for short, ‘the Act of 1956’) was published in the Gazette of India vide notification dated 17-6-2020 and thereafter, subsequent notification under Section 3D of the Act of 1956 was

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