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2011 Supreme(P&H) 1823

M.M.KUMAR, RAJIV NARAIN RAINA
Ashok Leyland Limited – Appellant
Versus
Union of India – Respondent


Advocates:
For the Petitioner:Mr. Sumit Bansal, Advocate.
For the Respondent(s):Mr. Kamal Sehgal, Advocate & Mr. Vikas Soni, Advocate.

JUDGMENT

Mr. M.M. Kumar, ACJ.: - This petition filed under Article 226 of the Constitution seeks a declaration to the effect that provisions of the National Highways Act, 1956 (for brevity, ‘the N.H. Act’) are ultra vires Articles 14, 19, 21 and 300-A of the Constitution and also seeks consequential relief of quashing of notifications dated 1.10.2009, 21.12.2009 and 13.1.2009 (P-6, P-7 and P-8 respectively), issued under Section 3A read with Section 3D of the N.H. Act, in respect of the land forming part of Khasra Nos. 26/8/2 (measuring 75.87 Sq. Mtrs.), 26/8/2/1 (measuring 1871.46 Sq. Mtrs.), 26/8/2 (measuring 177.03 Sq. Mtrs.) and 26/13/1/1 (measuring 556.36 Sq. Mtrs.).

2. At the outset it is relevant to mention here that the question of vires has already been decided by a Division Bench of this Court, vide order dated 15.3.2010. Following the judgment dated 28.3.2008 rendered by another Division Bench in the case of M/s Golden Iron and Steel Forging v. Union of India and others (CWP No. 11461 of 2005) wherein the special provisions relating to acquisition were upheld although the provisions of Section 3G read with Section 3J of the N.H. Act relating to interest and solatium we

























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