NHAI best judge for decision on new highways land acquisition: SC
ROADS & HIGHWAYS

NHAI best judge for decision on new highways land acquisition: SC

The Supreme Court has observed that the National Highways Authority of India (NHAI) can be said to be the best judge to decide which land to be acquired and which not to be acquired for new Highways construction.

The bench of Justices M R Shah and Aniruddha Bose was hearing the SLPs against the April 2022 judgement of the Division Bench of the Telangana High Court whereby it permitted NHAI's writ appeal challenging the April 2018 decision of the Single Bench disposing of the writ petition that opposed the action of the NHAI in acquiring the whole lands of the writ petitioners for four laning of NH 161, allegedly without acquiring other lands as per the plan allegedly received by the qualified authority for road widening.

The Single Bench had permitted that the NHAI may proceed with the acquisition by the said plan. By its judgement of April 2022, impugned in the present SLP, the Division Bench had also permitted a second writ appeal by which the NHAI had challenged the November 2021 judgement of the Single Bench to dismiss its review petition against the 2018 decision.

In the impugned judgement of April 22, 2022, the High Court Division Bench recorded that the basic goal of the writ petitioners was to the acquisition of their land under the National Highways Act, 1956; that according to the petitioners, their land was not needed to be acquired and another land should have been acquired in equal proportion from both sides; and that there was a variation from the original plan.

The High Court Division Bench had observed that the National Highways Act, 1956 lays down the process for land acquisition for the laying of national highways, including the award of compensation. Writ petitioners have their solution thereunder. Since land acquisition is for four laning of the national highway, which is of public interest, the High Court interference under Article 226 of the Constitution of India would not be explained.

Image Source

Also read: NHAI sets world record for completing 75 km stretch in 105 hrs

The Supreme Court has observed that the National Highways Authority of India (NHAI) can be said to be the best judge to decide which land to be acquired and which not to be acquired for new Highways construction. The bench of Justices M R Shah and Aniruddha Bose was hearing the SLPs against the April 2022 judgement of the Division Bench of the Telangana High Court whereby it permitted NHAI's writ appeal challenging the April 2018 decision of the Single Bench disposing of the writ petition that opposed the action of the NHAI in acquiring the whole lands of the writ petitioners for four laning of NH 161, allegedly without acquiring other lands as per the plan allegedly received by the qualified authority for road widening. The Single Bench had permitted that the NHAI may proceed with the acquisition by the said plan. By its judgement of April 2022, impugned in the present SLP, the Division Bench had also permitted a second writ appeal by which the NHAI had challenged the November 2021 judgement of the Single Bench to dismiss its review petition against the 2018 decision. In the impugned judgement of April 22, 2022, the High Court Division Bench recorded that the basic goal of the writ petitioners was to the acquisition of their land under the National Highways Act, 1956; that according to the petitioners, their land was not needed to be acquired and another land should have been acquired in equal proportion from both sides; and that there was a variation from the original plan. The High Court Division Bench had observed that the National Highways Act, 1956 lays down the process for land acquisition for the laying of national highways, including the award of compensation. Writ petitioners have their solution thereunder. Since land acquisition is for four laning of the national highway, which is of public interest, the High Court interference under Article 226 of the Constitution of India would not be explained. Image Source Also read: NHAI sets world record for completing 75 km stretch in 105 hrs

Next Story
Infrastructure Urban

Mount Invests Rs 250 Cr, Adds PUF & PEB Plants, 400+ Jobs

TUMKUR, Karnataka, January 8, 2025 - Mount Roofing & Structures Private Limited, one of India's  fastest-growing manufacturers in PUF and a leading solutions provider across Pre-Engineered Building  (PEB) and Polycarbonate sheets, simultaneously inaugurated its second fully automated continuous  Sandwich Panel manufacturing line and a new PEB manufacturing plant at its integrated campus in  Tumkur." The milestone expansion, part of a total investment of INR 250 crores, marks a significant  advancement in the company's commitment to engineered performance, manu..

Next Story
Infrastructure Urban

Titan Intech Strengthens UltraLED Push With Global LED Veteran

Titan Intech has announced the induction of global LED industry veteran Su Piow Ko to its Board of Directors, marking a strategic step in strengthening its UltraLED Displays roadmap and building globally competitive LED display solutions from India.The appointment aligns with Titan Intech’s ambition to position India as a hub for advanced, high-quality LED display manufacturing. With an increased focus on UltraLED Displays, the company aims to enhance technical governance, raise manufacturing standards and expand its presence across global markets.Su Piow Ko brings over three decades of inte..

Next Story
Infrastructure Urban

Dun & Bradstreet Flags New Growth Engines in India 2026 Outlook

Dun & Bradstreet has released its India 2026: D&B’s Perspective report, projecting a stable macroeconomic environment underpinned by fresh opportunities for productivity-led and inclusive growth. The report outlines how India’s next growth phase will be driven by digitised logistics, trusted data ecosystems, clean energy and rising city vitality.According to the outlook, India’s GDP growth is expected to reach around 6.6 per cent by FY2027, supported by resilient consumer demand and sustained public investment. Manufacturing is seen entering a new phase, moving beyond scale towar..

Advertisement

Subscribe to Our Newsletter

Get daily newsletters around different themes from Construction world.

STAY CONNECTED

Advertisement

Advertisement

Advertisement

Advertisement

Open In App