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2013 Supreme(All) 2905

SHIVA KIRTI SINGH, VIKRAM NATH
Sompal And 5 – Appellant
Versus
Union Of India Thru Secy. And 3 – Respondent


Advocates Appeared:
For the Petitioner: N.C. Tripathi
For the Respondent: C.S.C.,A.S.G.I. (2013/7436), B.D. Nishad, Pranjal Mehrotra

JUDGMENT :

1. Heard learned counsel for the petitioners and Mr. Pranjal Mehrotra, learned counsel for the National Highway Authority of India as well as learned counsel for the State.

2. This writ petition has been filed by six persons, all residents of Village Raura Kalan, Kasba and Tehsil Milak, District Rampur. Petitioners have challenged the legality and validity of gazette notification dated 21.08.2012 (Annexure No. 6) issued by the Central Government under Section 3A(1) of the National Highways Act, 1956 (hereinafter referred to as the 'Act').

3. The purpose of the aforesaid notification is to acquire lands covered by the notification for constructing/building etc. of National Highway No.24 (Moradabad-Bareilly Section) in the stretch of land from Km. 207.080 to Km. 211.400 for the proposed Milak By-pass in the district of Rampur, U.P.

4. Learned counsel for the petitioners has raised an issue which according to him goes to the root of validity of the said notification. The contention is that the notification with respect to plot no.144 showing it to be Government land of non-agriculture in nature and proposed area for acquisition to be 0.4699 hectares, is not a sufficient brief d








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