RAMANANDA NAYAK Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners, who are residents of Kela Parkala, Udupi Taluk and District and who own lands adjacent to National Highway 169A in this village, have impugned the notifications issued under the provisions of Ss. 3A and 3D of the National Highways Act 1956 (for short, 'the NH Act'). The petitioners contend that these notifications insofar as they provide for a deviation from the existing pathway on this National Highway 169A near their properties must be quashed.

(2.) This Court has granted interim order of status quo as regards the petitioners' lands on 5/4/2021, and this interim order is continued till this date. The second respondent - the Special Land Acquisition Officer, National Highways, PWD, Bangalore - has filed the application for vacating the interim order, but with the consent of the learned counsels for the parties, the petition is taken up for final disposal.

(3.) Sri. Anil Kumar Shetty, learned counsel for the petitioners, submits that the petitioners must succeed primarily on the following grounds: