N S PREMALEELAMMA Vs. UNION OF INDIA

JUDGEMENT

(1.) In these writ petitions, petitioners are challenging the notifications dated 14.11.2007 & 05.11.2008 issued by the Union of India, Ministry of Shipping, Road Transport and Highways, under Section 3D of the National Highways Act, 1956 hereinafter referred to as the Act, for short). Petitioners have also challenged the validity of the amendment brought to Section 2(1) of the Act and have sought for striking down the same as unconstitutional. Though by way of amendment, petitioners also sought for a declaration that Section 3A of the Act is unconstitutional, Counsel for the petitioners has submitted, during the course of arguments that this prayer is not pressed. Hence, it is unnecessary to examine the constitutional validity of Section 3A of the Act.

(2.) Petitioner in W.P.No.13047/2009 claims to be the purchaser of sites bearing Nos.77 & 77/1 having khatha No.204, New No.779 carved out of sy.No.31 ad-measuring 2,919 sq. fit., situated at Krishnarajapuram village under a registered sale deed dated 14.6.2006 from the original owners Smt. Chethana S. Charan and Smt. S. Prameela.

(3.) Petitioners in W.P.No. 15175/-/2008 claim to be the purchasers of site bearing No.101-A having Khatha No.565/A101/A carved out of Sy.No.44 measuring 138 x 46 feet. situated at Battarahalli village under a registered sale deed dated 31.3.2003 from the original owner Smt. Puttamma.