A.P.VARGHESE Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the learned counsel for the appellants. This writ appeal has been filed against the judgment of the learned Single Judge dated 1st January, 2014 in W.P. (C) No. 25782/2013, by which order, the writ petition filed by the appellants/petitioners was dismissed. The brief facts necessary for deciding this writ appeal are as follows:

(2.) Learned counsel for the appellants challenges the judgment of the learned Single Judge. He submits that one of the prayers in the writ petition, i.e. prayer No. (ii) should have been considered by the learned Single Judge, which is to the following effect:

(3.) The judgment of the Apex Court in Competent Authority's case shows that the writ petition was filed in the High Court challenging the proceedings initiated under the National Highways Act, 1956. The notification under Section 3A dated 11th June, 1998 was challenged before the High Court. The High Court set aside the notification. The High Court held that notification was bad in law. However, the High Court, taking into consideration the fact that the possession of land had already been taken over, no useful purpose would be served in quashing the notification. The High Court also observed that there is power with the authority for issuing fresh notification for acquisition of land. But that will lead to possible increase in the amount of compensation payable to the owners. Considering the aforesaid aspects, the High Court took the view that the land owners be granted additional amount calculated at 30% over and above the compensation already determined. The competent authority, feeling aggrieved by the said judgment, appealed to the Supreme Court.