Nh amendment act 1997
meena
(Querist) 26 March 2012
This query is : Resolved
NH Amendment Act 1997
Guest
(Expert) 29 March 2012
It is not understood, what you want to ask from your very short reference. Your other query with merely 'c' as title as well as the main question was also mysterious to be guessed.
meena
(Querist) 29 March 2012
This NH Amendment act has been stopped on 4th March 2011 by Madras High Court in the land mark judgment of T. Chakrapani & others VS Union of India. After the judgment of High Court any party file an appeal in Supreme Court or did Government of India file a appeal?
Please reply me as soon as possible.
Thanks & Regards
Vijay Nandan Prasad.
meena
(Querist) 29 March 2012
This NH Amendment act has been stopped on 4th March 2011 by Madras High Court in the land mark judgment of T. Chakrapani & others VS Union of India. After the judgment of High Court any party file an appeal in Supreme Court or did Government of India file a appeal?
Please reply me as soon as possible.
Thanks & Regards
Vijay Nandan Prasad.
meena
(Querist) 29 March 2012
3j NH Amendment act1997 has been stopped on 4th March 2011 by Madras High Court in the land mark judgment of T. Chakrapani & 30 others VS Union of India. After the judgment of High Court any party file an appeal in Supreme Court or did Government of India file a appeal?
Please reply me as soon as possible.
Thanks & Regards
Vijay Nandan Prasad.
meena
(Querist) 30 March 2012
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t was held that Section 3-J of the National Highways Act does not satisfy the test of reasonable classification permission for the purpose of legislation to acquire land under the Acquisition Act and under the Act, for public purpose, specially when the Act is also framed by the same Legislature, therefore, it is not permissible to discriminate between persons with regard to payment of compensation.
All the writ petitions were allowed, while upholding other provisions of the Act, Section 3-J of the Highways Act was held to be unconstitutional, being hit by Article 14 of the Constitution of India, being in excess of legislative competence
meena
(Querist) 30 March 2012
T.Chakrapani v. Union of India
Vijay Nandan Prasad
meena
(Querist) 31 March 2012
I believe a similar order was passed by Karnataka HC in WP 42505-06 of 1999 on 11.10.2002. What happens when an act has been declared unconstitutional? I mean, how compensation is being awarded as per NH Act, which has been held as such? Did the petitioners in the above case, get compensation as awarded by the court? Does the order apply to the entire country or to the respective state only? What should I do to invoke this order in my state, which is U.P?
meena
(Querist) 31 March 2012
WA 6115/2002 pending in karnataka high court.vijaynandanprasad
