NEELAM AGARWAL AND ANOTHER v. UNION OF INDIA AND 3 OTHERS
WRIC/13643/2025 · 2025-07-06
Mahesh Chandra Tripathi, Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 49098 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49098 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:107190-DB Court No. - 29 Case :- WRIT - C No. - 13643 of 2025 Petitioner :- Neelam Agarwal And Another Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Nitesh Patel,Udit Chandra Counsel for Respondent :- Pranjal Mehrotra,A.S.G.I.,Akanksha Gaur,C.S.C.,Paras Nath Rai Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J.
1. Heard Shri Udit Chandra, learned counsel for the petitioners, Shri P.N. Rai, learned counsel appearing for respondent no.1, and Shri Pranjal Mehrotra, learned counsel appearing for respondent no.2, and perused the record.
2. The present writ petition has been filed seeking issuance of a writ, order, or direction in the nature of certiorari for quashing the notification dated 18.07.2023 issued under Section 3D of the National Highways Act, 1956. The said notification pertains to Serial Nos. 439, 442, and 443, in respect of Gata Nos. 211, 214, and 215, ad-measuring 0.62 hectares, 0.29 hectares, and 0.518 hectares respectively, situated in Village Pargana Jilla Ujjayani, Tehsil Badaun, District Budaun.
3. It is the case of the petitioners that the impugned notification is arbitrary and not sustainable in the eyes of law. However, on a comprehensive consideration of the records and the statutory provisions applicable to the case, particularly Section 3A of the National Highways Act, 1956, it is evident that the Central Government is empowered to acquire land for a public purpose- such as for the building, maintenance, management, or operation
of a national highway- by issuing a notification in the Official Gazette declaring its intention to do so.
4. In the present matter, it is undisputed that the acquisition proceedings under the National Highways Act, 1956 have culminated in the issuance of the final notification under Section 3D, and the competent authority has already passed the award. No material irregularity, procedural lapse, or violation of the mandatory provisions of the Act has been demonstrated by the petitioners to warrant interference of this Court in the exercise of its writ jurisdiction under Article 226 of the Constitution of India.
5. In light of the above and in the absence of any substantial legal ground to assail the acquisition proceedings or the notification in question, the writ petition is devoid of merit and is, accordingly, dismissed. Order Date :- 7.7.2025 Anil K. Sharma Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad