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SOUMITRA SAIKIA
Harendra Nath Roy – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Soumitra Saikia, J.
1. This PIL is filed by the villagers of Kismat Hasdaha Part-II, III and Debottar Hasdaha Part-IV. These villagers claim to be the cultivators and social workers. The grievance of the petitioners raised before this Court by way of PIL is directed towards the change/alteration of the alignment of a portion of the National Highway No. 127(B) from its original alignment. The petitioners represented before the Deputy Commissioner, Dhubri and the National Highway Authorities. However, their representations not being attended to, the petitioners have approached this Court by filing the instant PIL seeking Writ in the nature of Mandamus and/or any other appropriate Writ, Order or Direction, directing the respondents not to divert the scheme of National Highway No. 127(B) from the earlier survey conducted in the year 2012 which if permitted will cause heavy loss and injury to the General Public including the villagers of Kismat Hasdaha Part-II, III and Debottar Hasdaha Part-IV. A further prayer made suspending for all operations of the respondents in conn
Point of Law : It is evident that the subsequent change of alignment option is only to protect vested interests of some persons and, therefore, not in public interests.
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.
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 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....
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