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2017 Supreme(Raj) 987

PRADEEP NANDRAJOG, SANJEEV PRAKASH SHARMA
Sita Ram Meena son of Shri Bhori Lal – Appellant
Versus
Collector, Jaipur – Respondent


Advocates Appeared:
For the Petitioner:Mr. Vimal Choudhary, Advocate.
For the Respondent:Mr. Anurag Sharma, AAG and Mr. Kishan Gaur, Advocate.

JUDGMENT :

1. The petitioner, by way of this PIL petition, prays for directing the respondents to remove encroachment on the National Highway No.11 (Mahua to Jaipur) near Kanota Bus Stand so that the actual central line of the road as per the revenue record can be fixed and the road can be widened solving the problem of daily traffic jams at National Highway No.11.

2. Both the parties are in agreement that the land at National Highway No.11 at Kanota Bus Stand, measuring 1138 sq. mts., bearing Khasra No.315/1 and measuring 632 sq.mts., bearing Khasra No.964/315/1 has already been acquired and after due compensation, the possession of the same, has been handed over to the National Highway Authority of India (NHIA) and mutation No.1449 dated 20/12/2010 has also been opened in the name of NHAI.

3. Chapter III of the Control of National Highways (Land and Traffic) Act, 2002, provides for prevention of unauthorized occupation of highway land and their removal and Sections 23, 24 and 26 of the Act of 2002 provide as under :-

23. Highway land to be deemed as property of Central Government.-

(1) All lands forming parts of a Highway which vest in the Central Government or which do not already ve











































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