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2020 Supreme(Ker) 129

S.MANIKUMAR, SHAJI P.CHALY
Special Deputy Collector Slao and Competent Authority LA, NHDP, Thrissur – Appellant
Versus
Vinodkumar S/o. Late Chandrasekharan Pillai – Respondent


Advocates Appeared:
For the Appellant : Sri. Tek Chand, Sr. Government Pleader.
For the Respondent: ASGI, Sri. K.G. Balasubramanian.

JUDGMENT :

S. Manikumar, J.

Challenge in this appeal is against the judgment dated 18.09.2018 in W.P.(C) No. 23194 of 2007 by which the writ court confirmed the constitutional validity of Sections 3-G and 3-J of the National Highways Act, 1956 ('the Act' for short).

2. Today, when the matter is taken up for consideration, inviting the attention of this Court in Union of India v. Tarsem Singh [(2019) 9 SCC 304=2019 (4) KLT 739 (SC)], Sri. Tek Chand, learned Government Pleader submitted that Section 3-J of the Act has been struck down by the Hon'ble Apex Court and therefore, State is not pressing this appeal.

3. Following the aforesaid decision, findings in the impugned judgment, insofar as, not interfering with Section 3-J of the Act, is not correct. However, learned single Judge has directed to pay solatium and interest to the first respondent/writ petitioner. Challenging the said findings, this appeal is preferred by the State.

4. Section 3-J reads thus:

    “3-J. Land Acquisition Act 1 of 1894 not to apply--Nothing in the Land Acquisition Act, 1894 shall apply to an acquisition under this Act.”

5. In view of the judgment of the Apex Court in Tarsem Singh (supra), striking down Section 3-J,

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