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2016 Supreme(P&H) 824

AJAY KUMAR MITTAL, RAJ RAHUL GARG
Ram Sarup – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Hardip Singh
For the Union of India : Mr. Alok Jain, Ms. Sudeepti Sharma

JUDGMENT :

AJAY KUMAR MITTAL, J.

1. In this writ petition filed under Articles 226/227 of the Constitution of India, the petitioners have prayed for issuance of a writ in the nature of certiorari for quashing the order dated 6.10.2015 (Annexure P-7) passed by respondent No.4. Further, directions have been sought to be issued to respondent No.4 to refer the petitions filed by the petitioners to the Principal Civil Court of Original Jurisdiction for adjudication of issue of apportionment of compensation of the acquired land as per Section 3H(4) of the National Highways Act, 1956 (in short “the Act”).

2. A few facts necessary for adjudication of the instant writ petition as narrated therein may be noticed. Government of India vide notification dated 7.8.2013 issued under Section 3-A of the Act followed by notification 26.2.2014 under Section 3-D of the Act acquired the land of ten villages in Tehsil Patran District, Patiala including the land of the petitioners for building (widening/four-laning etc.), maintenance, management and operation of National Highway No. 71(52) on the stretch of land from K.M. 181.805 to 238.695 (Sangrur-Khanauri-Patran Punjab/Haryana Border Section). The award

















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