KULDEEP SINGH Vs. NATIONAL HIGHWAY AUTHORITY OF INDIA

JUDGEMENT

(1.) Challenging the notice for removal of unauthorized occupation issued under Section 26(2) of the Control of National Highways (Land and Traffic) Act, 2002, the petitioner came up with the above writ petition contending, inter alia, that he had not encroached into any private or public land and that he was owner of the land in question on which he had also constructed a shop.

(2.) In the course of hearing of the writ petition, it became clear that the land of the petitioner had been acquired under the National Highways Act, 1956 and an award had also been passed. Therefore, the petitioner has now taken up the matter with the District Collector for arbitration and the proceedings are going on for determination/enhancement of the compensation.

(3.) However, the scope of the writ petition was little enlarged suo motu by this Court, under certain circumstances, which may not be necessary to be brought on record in this order, in view of the nature of the disposal that we propose to make to this writ petition.