National Highway Authority is the best judge to decide which land would be suitable for the construction of the Highways: Allahabad High Court.
The Allahabad High court observed that National Highway Authority is the best judge to decide which land would be suitable for the construction of the Highways. This was seen in the case of Shyam Singh And Another v. State Of U.P. And 4 Others [WRIT – C No. – 17591 of 2022] and the judgement was presided over by the division bench of justice Hon’ble Mrs. Sunita Agarwal,J. and Hon’ble Mrs. Jyotsna Sharma,J.
Facts of the case-
The petitioners were essentially seeking a writ in the nature of Mandamus commanding the respondents concerned not to make the acquisition of the resident land of the petitioners (Residential Houses and Shops are made on this land) for the purpose of widening of National Highway.
They primarily contended that the residential property of the petitioners has no importance for the extension of National Highway Authority No.731 (Paliya-Shahjahanpur-Hardoi-Lucknow).
Opposed to that the N H A I contended 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.
Judgement-
The High Court ordered that National Highway Authority is the best judge to decide which land would be suitable for the construction of the Highways moreover, No project can be stopped at the behest of one person who thinks that his land is not important for widening of National Highway.
The court said- “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.”
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
Judgement reviewed by Utkarsh sahu