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T. RAJA, D. BHARATHA CHAKRAVARTHY
Albert Emmanual – Appellant
Versus
Union of India, Rep. by its Secretary, Ministry of Shipping Road Transport & Highways – Respondent
JUDGMENT :
(D. Bharatha Chakravarthy, J.)
(Prayer in W.A.No.174 of 2023 : Writ Appeal filed under Clause 15 of the Letters Patent against the order, dated 25.11.2022 in W.P.No.15155 of 2010.)
A. The Appeals :
These writ appeals are directed against the common order passed the Learned Single Judge in W.P.Nos.15155 of 2010, and batch of cases, dated 25.11.2022 in and by which the Learned Single Judge dismissed the Writ Petitions praying this Court to issue a writ of declaration, declaring the provisions under Section 3D(2) and 3(F) of the National Highways Act, 1956, as null and void and further to issue a certiorarified mandamus, calling for the entire records available on the file of the first respondent pertaining to the notifications under Section 3A(1) and 3-D(1&2) of the National Highways Act, 1956, published in the Gazette of India, Part-II, Section 3, Sub-Section(ii) dated 16.01.2009 and 27.07.2009 respectively, and that from the 2nd respondent pertaining to his proceedings in Na.Ka.A/Tha.Ma.A/NH.66/841/2007 dated 19.05.2009 proceedings in Na.Ka.No.A/PuVaSa/66-12/07 dated 31.03.2010 and the notice seeking possession of lands under Section 3E(1) of the National Highways Act, 1956
The main legal point established in the judgment is that land acquisition proceedings can be challenged after the passing of the award in exceptional cases, and the acquisition must be for a public p....
The main legal point established in the judgment is that land acquisition proceedings can be challenged after the passing of the award and receipt of compensation in exceptional cases falling within ....
The court upheld the validity of land acquisition proceedings under the National Highways Act, confirming the necessity of adherence to statutory requirements while emphasizing the priority of public....
The procedure under Sections 3G and 3E of the National Highways Act was duly followed in passing the awards.
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