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2022 Supreme(All) 1516

RAJESH BINDAL, PRAKASH PADIA, PIYUSH AGRAWAL
Sursati – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: M/s. Tanuj Dwivedi and Ajay Kumar Singh
For the Respondent: Neeraj Tripathi, A.A.G., Shashank Shekhar Singh, Manoj Tripathi, Devendra Kumar and Pramod Kumar Pandey

JUDGMENT :

Rajesh Bindal, CJ.

The matter has been placed before this Bench on a reference made by a Division Bench of this Court vide order dated January 22, 2020, seeking opinion on the following questions :

    ''(i) Whether a subsequent purchaser of the land acquired under the National Highways Act, 1956, after publication of declaration under Section 3D(1), is not entitled to receive compensation on the strength of his vendor's title in view of Section 3D(2)?

(ii) Which of the judgments (i) Surendra Nath Singh Yadav (supra) or (ii) Vipin Kumar Agarwal, Asha Devi and Smt. Gyanti Singh, lay down the law correctly?''

2. For the purposes of clarity, Question Nos. (i) Reframed as 1A and 1B and (ii) referred to above, are reframed as follows:

    ''1A. Whether the purchaser of the land, after publication of the declaration under Section 3-D(1) of the National Highways Act, 1956 is entitled to receive compensation on strength of his vendor's title?

1B. Whether the purchaser of the land, after determination of amount of compensation under Section 3-G of the National Highways Act, 1956 is entitled to receive compensation on strength of his vendor's title from competent authority?

II. Which of the judg

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