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

13 Jun 2022 CW Team

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

Infrastructure Transport

06 May 2026

Pune To Build Nine Km Link Road Between Highways

The Pune Municipal Corporation (PMC) has decided to appoint an expert to plan the development of a nine km long, 60 metre wide road from Khadi Machine chowk to Wadki chowk as an extension to the Katraj-Kondhwa road to link the Mumbai-Satara and Pune-Solapur national highways. The scheme is intended to divert heavy vehicle traffic away from the city and improve access between the two arterial routes. The project has been prioritised by the PMC and forms part of a larger set of schemes in which 19 roads have been identified for development at a combined cost of Rs 9.82 billion (bn) to address c..

Infrastructure Transport

06 May 2026

Barabanki Bahraich Six Lane Highway Approved in Uttar Pradesh

The Uttar Pradesh government has approved construction of a new six-lane highway linking Barabanki and Bahraich as part of National Highway 927, and the cabinet has cleared the project. The alignment will pass through Mustafabad and Kaiserganj and extend for about 101.5 km, creating a key corridor for local and long-distance movement. The National Highways Authority of India will oversee the work and has signalled the scheme is intended to strengthen regional connectivity and cross-border access to Nepal. The project carries an estimated total cost of Rs 69,690 million, equivalent to Rs 69.69..

Infrastructure Transport

06 May 2026

Toll At Kharegaon Likely As Highway Upgrade Nears Completion

A section of the highway at Kharegaon has undergone an upgrade and is approaching completion, and authorities have indicated plans for a toll to be introduced once works finish. The project has focused on strengthening the carriageway, improving drainage and upgrading intersections to enhance safety and capacity. Officials have said the toll will be used to recover construction costs and fund ongoing maintenance. The upgrade included resurfacing of the pavement, widening of certain stretches and installation of modern signage and lighting to reduce accident risk. Contractors completed most ma..