RAM MURTI SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE intra court appeal has been preferred as against order dated 27.3.2012 passed by the Single Bench in Civil Writ Petition No.10676/2007. Petitioners have questioned legality of the notification under Section 3A(1) of the National Highways Act, 1956 (hereinafter referred to as 'the Act') published in the Official Gazette. After deciding the objections, declaration of acquisition under Section 3-D(1) of the Act was made on 5.2.2008; thereafter, the land stood vested, free from all encumbrances, in the Central Government under Section 3D(2) of the Act.

(2.) THE main thrust of challenge of the petitioners was that the acquisition was made towards eastern side of the land for the purpose of alignment/loop falling in between K.M.51 and K.M.52. It was submitted that there was no necessity to change the location of loop.

(3.) THE Single Bench has aptly referred to the decision of the Apex Court in Union of India Vs. Dr.Kushala Shetty and Ors., AIR 2011 SC 3210, in which the Apex Court has laid down thus:-