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2015 Supreme(All) 354

D. Y. CHANDRACHUD, MANOJ KUMAR GUPTA
GURUDWARA COMMITTEE CHAKERI AERODRUM – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Counsel :
B. Dayal for the Appellant; A.S.G.I., Anoop Trivedi, C.S.C. 2015/298 and R.C. Agrahari for the Respondents.

JUDGMENT

By the Court.—The special appeal has arisen from a judgment and order of the learned Single Judge dated 26 February 2015, holding that a writ petition filed by the appellant is not maintainable; the view of the learned Single Judge being that a revision under Section 115 of the Code of Civil Procedure, 1908 (Code) would be maintainable.

2. The case of the appellant is that it is the owner of land bearing plot No. 48, ad-measuring 53.55 sq. meters and plot No. 49, ad-measuring 136.50 sq. meters situated at Village Safipur, District Kanpur Nagar. The appellant claims to have purchased the land under a registered sale-deed dated 6 November 1952. The land was acquired for the purpose of widening National Highway No. 25 under the provisions of the National Highways Act, 1956 (Act). The competent authority determined the compensation payable in respect of the land at Rs. 42,89,237/-. On 21 September 2012, the competent authority made a reference under the provisions of Section 3-H (4) of the Act to the Civil Court for the adjudication of a dispute in regard to the apportionment of compensation between two claimants, namely (i) Tarsem Singh, Sachiv, Gurudwara Shree Guru Singh Sabh













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