LAWS(SC)-2016-8-86

SUNITA MEHRA Vs. UNION OF INDIA

Decided On August 11, 2016
Sunita Mehra Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) We have heard the learned counsel for the parties and perused the relevant material.

(2.) The challenge in this appeal is to the acquisition proceedings under the provisions of the National Highways Act, 1956 on twin grounds.

(3.) First of all, it was contended that the description of the land sought to be acquired was vague. The same contention on similar facts had been decided by the High Court in another proceeding referred to in the impugned order i.e. Writ Petition (C) No.8178 of 2009 titled Lal Mani Jain vs. Union of India. The said petition has been dismissed by the High Court and the special leave petition against the order of the High Court has also been dismissed. Insofar as validity of the provisions of the Act is concerned, the High Court took note of the fact that as the issue is pending before this Court in Civil Appeal No.10695 of 2011 titled Golden Iron & Steel Forgins vs. Union of India & Ors. whatever final order would be passed by this Court in the Golden Iron & Steel Forgins vs. Union of India & Ors. would govern the appellants' case also. The aforesaid appeal i.e. Golden Iron & Steel Forgins vs. Union of India & Ors. is awaiting decision of this Court.