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2005 Supreme(Raj) 2480

BHAGABATI PRASAD BANERJEE, VINEET KOTHARI
Banshilal Samariya – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
M.D. Purohit Senior Advocate assisted by Anand Purohit, for Petitioners Rajendra Mehta, Vikas Balia, for National Highway Authorities Kausar Parveen, for Union of India

Honble KOTHARI, J.–We are seized in the set of these writ petitions, with an important question of law as to validity and constitutionality of Section 3-J of the National Highways Act, 1956 (in short ``the Act of 1956 hereinafter) inserted in the said Act by the National Highway Laws Amendment) Act, 1997 w.e.f. 24.1.1997.

(2). Section 3-J of the Act of 1956 excludes the applicability of the Land Acquisition Act, 1894 to the acquisitions made under the National Highways Act. The provisions contained in Section 3, 3- A, 3-B, 3-C, 3-D, 3-E, 3-F, 3-G, 3-H, 3-I and 3-J were inserted in the Act of 1956 by the said Amending Act of 1997 so as to provide for quicker and smoother acquisitions under the Act of 1956 of the land acquired for the said purpose as it was found that inordinate delay in the acquisition of the lands under the Land Acquisition Act was one of the main impediments in the speedy implementation of highways project and therefore, the said amendment was legislated by the Parliament in 1997.

(3). From the averments made in the writ petition of Banshi Lal Samariya, the facts of the said lead case taken into consideration for deciding the batch of these writ petitions are like t

































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