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2012 Supreme(Jhk) 1304

N.N.TIWARI
Chand Kumari Prasad – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioners:Mr. P.K. Prasad, Sr. Advocate Mr. Aayush Aditya, Advocate
For the Resp. No.1 : M/s. Prabhash Kumar, Mr. R.P. Singh,
For the Resp. No.2 & 6 : Ms. Sweety Topno

ORDER

In this writ petition, the petitioners have prayed for quashing the notification dated 14.1.2011 published in the local newspaper dated 19.2.2011 (Annexure-3) issued under Section 3D(1) of the National Highways Act, 1956 (hereinafter to be referred as the said Act).

2. It has been stated that without deciding the objection submitted by the petitioners under Section 3C(1) of the said Act, the competent authority (respondent No.5) has proceeded with the acquisition. The process is illegal and is liable to be quashed.

3. A counter affidavit has been filed on behalf of the respondents stating, inter alia, that on the basis of the objection filed by the petitioners and other interested persons, enquiries were made at various levels. The main objection of the petitioners is regarding the alignment of the road between Pillar No. 36-A to Pillar No.18 in village Singhani to Oriya, which according to the petitioners affects at least 60 built up concrete houses. The road construction work in either side of village Singhani and Oriya is in advanced stage. The distribution of compensation for the land acquired adjoining to the said villages affected by Hazaribagh bye-pass lane is also at t






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