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PRASHANT KUMAR MISHRA, D. V. S. S. SOMAYAJULU
A. V. K. Viswanatha Raju – Appellant
Versus
Union of India, Rep. By Its Secretary, Ministry of Road Transport And Highways, New Delhi – Respondent
JUDGMENT
Prashant Kumar Mishra, CJ. - This intra-court appeal, under clause 15 of the Letters Patent, is preferred against the order dated 10.10.2022 passed by the learned single Judge dismissing W.P.No.28273 of 2021 filed by the writ petitioner challenging Notification SO No.2563/E, dated 25.06.2021 issued by the 1st respondent proposing to acquire lands of the writ petitioner along with other lands in the stretch of National Highway No.216 from KM 126.1 to KM 10.8 of East Godavari District, as illegal, arbitrary and contrary to the provisions of the National Highways Act, 1956.
2. The writ petitioner owns lands admeasuring Ac.0.67 cents, Ac.0.33 cents and Ac.0.19 cents in Sy.No.654/1, 654-12, 654-9 and Ac.1.37 cents in Sy.No.656-5A, Ac.0.35 cents in Sy.No.661/2A2 and Ac.0.53 cents in Sy.No.663-1 of Gudimellanka village, Malkipuram Mandal, East Godavari District, which are subject matter of acquisition under the subject Notification, along with other lands. The acquisition is for formation of two-lane bypass road to NH 216 at the stretch of 126.1 KM to 10.8 KM from the bypass to Narsapur Town Road. Writ petitioner submitted objection to the Notification on 15.07.2021 stating that if
The main legal principle established in the judgment is that the court should be slow in interfering with decisions taken by experts in the context of land acquisition for national highways, and indi....
The expertise of NHAI in highway development, the limited scope of judicial review in such matters, and the importance of public interest in land acquisition proceedings.
The court affirmed the validity of land acquisition proceedings under the National Highways Act, emphasizing the expertise of the highway authority and limited scope for judicial review in technical ....
The NHAI has the discretion to determine highway alignment and land acquisition processes, with judicial review being limited to instances of legal violations or mala fides.
The court reaffirmed the limited scope for judicial intervention in acquisition processes under the National Highway Act when aligned with public interest and statutory requirements.
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