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2023 Supreme(All) 1370

JASPREET SINGH
Chandra Kishori – Appellant
Versus
Union of India, Thru. Chairman of National Highway Authority of India – Respondent


Advocates Appeared:
For the Appellant : Abhay Raj Singh.
For the Respondent: Sarvesh Kumar Dubey, C.S.C., Gantavya.

JUDGMENT :

1. Heard Shri Abhay Raj Singh, learned counsel for appellant and Ms. Suchiti Chandra, learned counsel for National Highway Authority of India, who has joined the proceedings through video conferencing.

2. Since both the appeals involve a common question of law and fact, hence both the appeals have been heard together and are being decided by this common judgment. For the sake of convenience, the Court shall be referring to the facts as they emerge from Appeal No. 55 of 2022, however, the relevant facts relating to the other appeal shall also be considered at the appropriate place.

3. The appellant, of the two appeals, are the land owners, whose land was acquired under the National Highway Authority of India Act, 1956 (hereinafter referred as NHAI Act, 1956) under Sections 3 A & 3 D of the NHAI Act, 1956.

4. Chandra Kishori, the appellant of Appeal No. 56 of 2022 was the recorded owner of Plot No.546 situated in Village Bhikhra, Pargana Subeha, Tehsil Haidargarh, District Barabanki measuring 0.590 hectares. Similarly Om Prakash the appellant of Appeal No. 56 of 2022 was the recorded owner of Plot No. 254 measuring 0.0514 hectares situated in Village Gosupur, Pargana Subeha, T

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