NHAI Is The Best Judge To Decide Which Land Would Be Suitable For Highway Construction: Allahabad High Court

The Allahabad High Court last week observed that the National Highway Authority of India (NHAI) is the best judge to decide which land would be suitable for the construction of the Highways and that no project can be stopped at the behest of one person who thinks that his land is not important for the widening of National Highway.

The bench of Justice Sunita Agarwal and Justice Jyotsna Sharma observed that while dealing with a writ petition filed by the petitioners [Shyam Singh And Another] praying that their land should not be acquired for the construction of the National Highway.

The petitioners were essentially seeking a writ in the nature of Mandamus commanding the respondents concerned not to make the acquisition of the residential land of the petitioners (Residential Houses and Shops are made on this land) for the purpose of widening of National Highway.

It was their primary contention that the residential property of the petitioners has no importance for the extension of National Highway Authority No.731 (Paliya-Shahjahanpur-Hardoi-Lucknow).

Appearing for the National Highways Authority of India, Advocate Pranjal Mehrotra opposed the writ petition and argued that the acquisition of the land in question had been completed with the publication of the award taking possession of the land in the year 2020 and the petitioners have not challenged any of the proceedings of acquisition.

In view of this submission, the Allahabad High Court, after perusing the records of the case, dismissed the writ petition with the following directions:-

"The contention in the writ petition is that Gata No.1 belonging to the petitioners has no importance to the existing Highway is totally misconceived, inasmuch as, no malafide has been pleaded by the petitioners and the National Highway Authority is the best judge to decide which land would be suitable for the construction of the Highways. No project can be stopped at the behest of one person who thinks that his land is not important for widening of National Highway. Having noticed, the above, we do not find any merit in the prayer made in the writ petition."

Case title - Shyam Singh And Another v. State Of U.P. And 4 Others [WRIT - C No. - 17591 of 2022]

Case Citation: 2022 LiveLaw (AB) 428

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