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2016 Supreme(All) 344

A.P.SAHI, ATTAU RAHMAN MASOODI
TRIVENI PRASAD – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Counsel :
Ravi Shanker Tewari and Shiv Pal Singh for the Petitioners; C.S.C., A.S.G, Lav Kush Pratap Singh, Samidha and Vimlesh Kumar for the Respondents.

JUDGMENT

By the Court.—This writ petition by seven petitioners was filed claiming relief over plot No. 696 contending that they are the recorded tenure holders of the said plot which has been unlawfully occupied by the National Highways Authority of India to widen the road and to raise a Toll Plaza. Directions were issued on 24.4.2014 to obtain instructions but since instructions were not coming forward a Division Bench of this Court on 18.7.2014 passed an interim order restraining the respondents from interfering with the possession of the disputed land being plot No. 696 at village Dakhina Sheikhpur, Tehsil Mohanlalganj, District Lucknow till further orders.

2. The National Highways Authority of India moved an application for vacating the said order alongwith a counter-affidavit dated 24.9.2015 wherein it has been stated that a notification for acquisition was issued under the National Highways Act, 1956 inviting objections and pursuant thereto reports were obtained on the objections so filed, whereafter, on opportunity being provided the compensation was determined and the award was delivered on 25.7.2015. The counter-affidavit categorically states that the notification was issue




























































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