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2012 Supreme(Jhk) 1162

R.K.MERATHIA
Rakesh Kumar – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioners:Mr. V. Shivnath, Sr. Advocate.
For the Respondent:Miss Sweety Topno, Advocate.

ORDER

As prayed by Mr. V. Shivnath, learned senior counsel for the petitioners, the defects pointed out are ignored.

2. This Civil Review Application has been filed for reviewing the order dated 1.4.2011, passed in WPC No. 1003 of 2011.

3. Mr. Shivnath referred to the following prayer made in the writ petition—

“It may be pertinent to mention here that in the impugned notification dated 9th August, 2010 (Annexure-3) of the initiation of acquisition of Plot No. 527 is not being included and, therefore, the Mandir which stands on the portion of Plot No. 527 is not subjected to acquisition and, therefore, the acquisition of the lands adjacent to Plot Nos. 527 and 528 cannot be subject matter of acquisition under National Highways Act, 1956”.

He argued that the said aspect was not considered and therefore the appellate court permitted the petitioners to file this review application vide order dated 17.07.2012, passed in LPA No. 155 of 2011.

He then argued that as the said plot no. 527 was not mentioned in the notification, petitioner no. 1-Rakesh Kumar being owner thereof had no opportunity to make effective objection to the notification of acquisition. He further argued that the objectio
























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