SURESHWAR THAKUR, KULDEEP TIWARI
Learning Curve Educational Trust – Appellant
Versus
Union of India – Respondent
JUDGMENT
Sureshwar Thakur, J.
Since the present set of writ petitions arise from an alike or common notification(s) for acquisition, as became made by the corespondent No.1, through its exercising the powers conferred by sub-section (1) of section 3A of the NATIONAL HIGHWAYS ACT , 1956 (hereinafter referred to as the 'Act of 1956'). Therefore, all the writ petitions are amenable for being decided through a common verdict.
2. However, yet it is deemed imperative to reproduce the relief(s), as claimed in each of the writ petition (supra).
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3. The petitioner-Trust seeks quashing of notification bearing No.S.O.3497(E), as became made on 26.08.2021, and, as becomes enclosed in Annexure P-8, where through, the corespondent No.1 thus declared its intention to acquire the lands of the petitioner-Trust, along with some other parcels of land, for the purpose of building (widening/two-four laning etc.), maintenance, management and operation of the newly proposed National Highway Ambala Ring Road, in the stretch of land from km. 0+000 to km. 41+472 in District Ambala.
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4. The petitioners herein seek relief for the quashing o
The only reason assigned by the Division Bench of the High Court for upsetting the well-considered order passed by the learned Single Judge negating the respondents' challenge to the acquisition was ....
The NHAI has the discretion to determine highway alignment and land acquisition processes, with judicial review being limited to instances of legal violations or mala fides.
The court clarified that the declaration of land as a National Highway before acquisition and the Competent Authority's order under the 1956 Act do not require strict adherence to judicial procedures....
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....
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