NIZAMUDDIN AND DR S FATHIMA BEEVI Vs. SUPERINTENDING ENGINEER, HIGHWAYS ADMINISTRATION, M O S R T AND H DEPARTMENT OF ROAD TRANSPORT AND HIGHWAYS; ASSISTANT DIVISIONAL ENGINEER, NATIONAL HIGHWAYS; PROJECT DIRECTOR (I/C), THE NATIONAL HIGHWAYS AUTHORITY OF INDIA AND THE DISTRICT COLLECTOR

JUDGEMENT

(1.) This Writ Appeal has been preferred by the appellants/Writ Petitioners against the order of the learned single Judge of this Court, dated 7.12.2007 passed in W.P. No. 19028 of 2007.

(2.) In Writ Petition No. 19028 of 2007, a prayer was made for issuance of a Writ of Mandamus, forbearing the first respondent from invoking the provisions of the Control of the National Highways (Land and Traffic) Act, 2002,]rule being enacted under Sections 23 and 26 of the Act 13 of 2003.

(3.) It appears that after hearing the learned Counsel appearing for the parties, the learned single Judge, by the impugned order, tried to find out the equitable solution and made the following observations: