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2021 Supreme(Ker) 650

S.MANIKUMAR, SHAJI P.CHALY
National Highway Authority of India – Appellant
Versus
Jabeena Beevi W/o E. Nahas – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K.A. Salil Narayanan.
For the Respondents: Basant Balaji, Sri. V. Tekchand.

JUDGMENT :

S. MANIKUMAR, J.

1. Instant writ appeal is filed challenging the judgment in W.P. (C) No. 13469 of 2021 dated 12.7.2021.

2. Appellant is the Project Director of National Highways Authority of India, for the Project Implementation Unit, Thiruvananthapuram. National Highways Authority of India (hereinafter referred to as NHAI) is an authority constituted under the National Highways Authority of India Act, 1988. It is entrusted with the functions of developing, maintaining and managing the National Highways and any other highways vested in or entrusted to it by the Government.

3. Respondent No. 1 herein is the writ petitioner, 2nd respondent is the Arbitrator and District Collector, Thiruvananthapuram, who is entrusted with the powers under Section 3G(5) of the National Highways Act, 1956 (hereinafter referred to as Act, 1956), to decide the compensation payable to the parties, if they are aggrieved by the decision of the 3rd respondent/Special Deputy Collector and Competent Authority Land Acquisition. Respondent No. 4 is the Executive Engineer for the National Highway division.

4. Case of the writ petitioner/respondent No. 1 is that for the purpose of widening the National High

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