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HIGH COURT OF JUDICATURE AT ALLAHABAD
MAHESH CHANDRA TRIPATHI, KUNAL RAVI SINGH
Veena Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Mahesh Chandra Tripathi, J.
1. Heard Shri Shashi Nandan, learned Senior Counsel assisted by Shri Komal Mehrotra and Shri Eshaan Chandra, learned counsels for the petitioner, Shri Rajesh Kumar Jaiswal, learned counsel for the respondent No.1 - Union of India, Sri Devesh Vikram, learned Additional Chief Standing Counsel and Ms. Uttara Bahuguna, learned Additional Chief Standing Counsel, both for the State-respondents, and Shri M.C.Chaturvedi, learned Senior Counsel assisted by Sri Devendra Kumar, learned counsel for the respondent Nos. 2 and 3 – National Highway Authority of India, [NHAI].
1.1. With the consent of the parties, this writ petition is being decided at the admission stage.
A. PRAYER:
2. This writ petition has been preferred praying for the following relief:
“i. Issue a writ, order or direction in the nature of Certiorari quashing the Notification No. S.O. 2686(E) dated 10.07.2024(ANNEXURE NO. 1) issued by the Ministry of Road, Transport & Highways/Respondent No.1 under section 3D(2) of the national Highways Act, 1956, in respect of the land of the petitioner i.e. Gata/Plot No. 27 situated in Village - Kurana, District –Aligarh;
ii. Issue a writ, order or direction in
The court upheld the validity of land acquisition proceedings under the National Highways Act, confirming the necessity of adherence to statutory requirements while emphasizing the priority of public....
The scope of judicial review in acquisition matters is very limited and the courts can nullify the acquisition of land and in rarest of rare case, the particular project, if it is found to be ex-faci....
Compliance with publication and hearing requirements of the National Highways Act is essential, but non-inclusion of landowner names in notifications does not invalidate the process.
The court emphasized the importance of timely filing of objections in land acquisition proceedings and the limited scope of judicial review in such matters, particularly when the project is for publi....
The court clarified that the declaration of land as a National Highway before acquisition and the Competent Authority's order under the 1956 Act do not require strict adherence to judicial procedures....
The main legal point established in the judgment is that land acquisition proceedings can be challenged after the passing of the award and receipt of compensation in exceptional cases falling within ....
The court affirmed that the declaration of a road as a national highway is not a prerequisite for land acquisition under the National Highways Act, emphasizing public interest in infrastructure devel....
The court established that land once vested with the government under the National Highways Act cannot be reduced without following due legal process.
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