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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Manash Ranjan Pathak, Budi Habung
Silen Valley People’s Welfare Forum – Appellant
Versus
State Of Arunachal Pradesh – Respondent
Judgment and Order :
M. R. Pathak, J.
1) Heard Mr. Angshuman Sarma, learned counsel for the petitioners and Mr. D. Kamduk, learned Standing Counsel, Department of Land Management, Government of Arunachal Pradesh for the respondent Nos. 1 and 3. Also heard Mr. R. H. Nabam, learned Additional Advocate General, Arunachal Pradesh for the respondent No.2, Mr. M. Kato, learned Deputy Solicitor General of India for the respondent Nos. 4, 5, 6, 7, 10 & 11, Mr. K. Loya, learned counsel for the private respondent No.8 and Mr. D. Laji, learned counsel for the private respondent No.9.
2) The petitioners, namely, Silen Valley People’s Welfare Forum represented by its Chairman and All Arunachal Pradesh Students Union (APSU) represented by its General Secretary have filed this PIL jointly praying amongst others, (i) for issuance of a Writ of Certiorari to set aside and quash the impugned decision of the respondent authorities in granting its approval to the alignment proposed by the private respondent Nos. 8 and 9 for construction of the Taliha-Tato Road via Payeng through route of Sissi/Sike River; (ii) for issuance of a Writ in the nature of Mandamus directing the respondents to refrain/forebear f
Judicial review of policy decisions is limited; unless proven arbitrary or unconstitutional, such decisions, especially those concerning national security, should not be interfered with.
Judicial review in matters of road alignment is limited; courts defer to expert recommendations unless clear violations of law or mala fides are demonstrated.
The only reason assigned by the Division Bench of the High Court for upsetting the well-considered order passed by the learned Single Judge negating the respondents' challenge to the acquisition was ....
Compliance with statutory procedures, consideration of expert recommendations, and technical explanations is crucial in land acquisition proceedings.
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.
Point of Law : Unless arbitrariness or mala fide on part of the tendering authority is alleged, expert evaluation of a particular tender, particularly when it comes to technical evaluation, is not to....
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