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2017 Supreme(All) 738

KRISHNA MURARI, RAVINDRA NATH KAKKAR
BALVEER SINGH BANSAL – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
A.P. Tewari and S.S. Tripathi for the Petitioner; C.S.C., A.S.G.I., Rajesh Tripathi and Neeraj Dube for the Respondents.

JUDGMENT

By the Court.—Heard learned counsel for the petitioner, Shri Rajesh Tripathi for Union of India and Shri Neeraj Dube appearing for respondent No. 3.

2. By means of this petition filed under Article 226 of the Constitution of India, the petitioner has challenged the judgment and award dated 16.2.2013 passed by Competent Authority/Special Land Acquisition Officer, Joint Organisation, Mathura as well as order dated 22.11.2016 passed by the Arbitrator/Additional Commissioner (Administration), Agra Division, Agra.

3. Undisputed facts, giving rise to the dispute, are as under :

Petitioner claims to be recorded bhoomidhar of khasra plot No. 41, 42 and 43 situate in village Narhauli, Pargana and Tehsil Mathura, District Mathura. The said plots were subject-matter of acquisition under the National Highways Act, 1956 (for short ‘Act, 1956’) for construction and widening of NH-2. After publication of notification under Section 3A and 3D and taking over possession under Section 3E, an award under Section 3G was declared on 16.2.2013. Dissatisfied with the award, petitioner made an application under Section 3G (5) of the Act, which was registered as Arbitration Case No. 881 of 2014 befor











































































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