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M/S Aley Nabi & Brothers v. Union Of India & Others - WRIT - C No. 19708 of 2007 [2007] RD-AH 7098 (18 April 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon.Dr.B.S.Chauhan, J.

Hon.Rajes Kumar, J.

This writ petition has been filed raising grievance that inspite of the fact that the permission under section 6 of U.P. Road Side Control Act, 1945 have been taken by the petitioner from the District Collector under the provision of U.P. Road Side Control Act, 1945. The part of the construction raised by the petitioner are likely to be demolished for widening the road as the construction of the National Highway is in progress.

We have heard learned counsel for the petitioner, Learned Standing Counsel for the respondent nos.3 and 4 and Sri K.C. Sinha, learned Additional Solicitor General of India for the respondent nos.1 and 2.

In view of the fact that the work of the national highway is in progress any interference in such a matter amounts to complete impediment in the development of the national highway.

We are not inclined to entertain the petition on this ground. However, in view of the fact that the petitioner is being deprived of his immovable property, he has a right to claim the compensation in view of Article 300-A of the Constitution of India. Thus, in case the part of the structure of the construction of the petitioner's property is taken for widening of the road or the development of the national highway, the compensation in view of the provisions of section 3-A of the National Highway Act, 1956 shall be determined by the competent authority and paid to the petitioner expeditiously preferably within a period of four months from the date of the issuance of the notification under the said Act.

With these observations, writ petition stand disposed of.




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