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M. S. RAMACHANDRA RAO, SUKHVINDER KAUR
National Highway Authority of India – Appellant
Versus
Resham Singh – Respondent
JUDGMENT
Mr. M.S. Ramachandra Rao, J.
In this batch of LPAs and Writ Petitions, common questions of law arise and so they are being disposed off by this common order.
A brief overview of the facts
2. The respondents in the LPAs (except LPA-558-2019), the appellants in LPA-558-2019 and the petitioners in the Writ Petitions are land owners whose lands had been acquired under the National Highway Act, 1956 by the National Highway Authority of India (for short 'the NHAI') for the purpose of widening/four-laning of certain National Highways.
3. Thereafter, matters were referred to the concerned District Revenue Officer-cum-Land Acquisition Officer (the Revenue Authority of the State) (hereinafter referred to as the 'competent authority') and he passed awards and awarded compensation, but while doing so, he did not grant benefits akin to those under Section 23 , Section 28 and Section 34 of the LAND ACQUISITION ACT , 1894.
4. Writ Petitions were filed in this Court challenging the award of the competent authority by landowners without approaching the arbitrator under section 3G (5) of the NATIONAL HIGHWAYS ACT , 1956.
5. They were partly allowed by a learned Single Judge of this Court whic
The Supreme Court ruled Section 3-J of the National Highways Act unconstitutional, affirming landowners' right to solatium and interest, recognizing it as a constitutional obligation of the State.
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