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2009 Supreme(Del) 1251

VIKRAMAJIT SEN, V.K.JAIN
LAL MANI JAIN – Appellant
Versus
UOI – Respondent


Advocates appeared:
Mr. Nalin Tripathi with Mr. Neeraj Sharma, Advs.
Mr. Sanjay Poddar, Adv. for ADM(South)/Competent Authority Mr. Sandeep Sethi, Sr. Adv. with Mr. Suneet Kumar Tyagi, Mr. Bibhakar Mishra, Mr. Sumit Gupta, Mr. Vikas Goel & Mr. Ravi Singhania, Advs. for NHAI

JUDGMENT :

VIKRAMAJIT SEN, J.

1. These Writ Petitions have been filed praying for the quashing of the National Highways Authority Amendment Act 16 of 1997 on the ground that it is ultra vires the Constitution of India; for the issuance of a writ of certiorari quashing Notification dated 13.11.2007 issued under Section 3-A of National Highways Authority Act, 1956 (=NHA Act‘ for short); for the issuance of writ of certiorari quashing Notification dated 31.10.2008 issued under Section 3-D, and Notification dated 3.11.2008 issued under Section 3-G; and for a writ of mandamus directing the Respondents not to interfere with the peaceful possession and enjoyment of land comprised in Khasra No.37/5/1/1(2 bighas 5 biswas) and Khasra No.37/5/1/2(3 biswas) situated on Delhi-Mathura Road in village Badarpur.

2. The Petitions were heard along with Writ Petition Nos.790-92/2009 where similar grounds had been raised and similar prayers had been made. Writ Petition Nos.791-92/2009 were dismissed as withdrawn on 21.7.2009 after arguments were heard for some days. Mr. Ravinder Sethi, learned Senior Counsel appearing for those Petitioners, had clarified that if a decision favourable to those Petitione




















































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