2026:UHC:3877 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/1412/2026 Hon’ble Manoj Kumar Tiwari, J. Ms. Priyanka Agrawal, Advocate for the petitioners. 2. Mr. Naresh Pant, Advocate, has put in appearance on behalf of respondent no. 1. 3. Land belonging to petitioners situate in Village Baksaura, District Udham Singh Nagar was acquired for construction of National Highway No. 74. According to petitioners, part of the land so acquired, has been leased out by National Highway Authority of India (hereinafter referred to as ‘NHAI) in favour of respondent no. 2 for setting up a petrol pump, which according to petitioners, is not permissible as per provisions of Section 3 (a) and 3 (d) of the National Highways Act, 1956. 4. It is contended that land acquired for public purpose cannot be permitted to be used for other purposes. 5. Learned counsel appearing for respondents relies upon Section 16 (2) (b) & (f) of National Highways Authority of India Act, 1988, which reads as under:- “16. Functions of the Authority.— (1) Subject to the rules made by the Central Government in this behalf, it shall be the function of the Authority to develop, maintain and manage the national highways and any other highways vested in, or entrusted to, it by the Government. (2) Without prejudice to the generality of the provisions contained in sub- section (1), the Authority may, for the discharge of its functions— (a) survey, develop, maintain and manage highways vested in, or entrusted to, it; (b) construct offices or workshops and establish and maintain hotels, motels, restaurants and rest-rooms at or near the highways vested in, or entrusted to, it; (f) provide such facilities and amenities for the users of the highways vested in, or entrusted to, it as are, in the opinion of the Authority, necessary for the smooth flow of traffic on such highways;” 6. Learned counsel for the respondents refers to the guidelines issued by Ministry of Transport, Government of 2026:UHC:3877 India, on 03.04.1998, according to which, NHAI has to develop the following facilities on National Highways: - (i) Parking lots (ii) Snack bar/restaurant (iii) Toilets (iv) Rest rooms for short stay (v) First aid (vii) Telephone booths (vii) Petrol pumps and minor repair shops (vii) Kiosks for sales of medicines (ix) Land for future expansion. 7. It is thus contended on behalf of respondents that NHAI is entrusted with the duty of developing, maintaining and managing the National Highways and it is also obliged to provide other facilities and amenities for the users of the highways, as are necessary for smooth flow of traffic on such highways. 8. NHAI is a statutory authority established under National Highways Authority of India Act, 1988 and it is obliged to provide such facilities and amenities for the users of the highways as in the opinion of the authority are necessary for the smooth flow of traffic. Section 16 of the National Highways Authority of India Act, 1988 although delineates the functions of the Authority, however, clause (f) of sub-section (2) of Section 16 also casts a duty upon the Authority to provide facilities and amenities to users of National Highways. 2026:UHC:3877 9. Since the Authority, in terms of the aforesaid provision, is obliged to create wayside amenities, therefore, utilization of the land by the Authority for creating such amenities becomes a public purpose. Thus, if the Authority has decided to utilize the acquired land, which is left unused after construction of National Highway, for the purpose of establishing petrol pump or for creating any other wayside amenity, the same cannot be termed as alien to the purpose for which land was acquired. Thus, use of acquired land for developing wayside amenities will also be treated as public purpose. 10. In recent years, NHAI has undertaken a number of green-field projects and constructed highways, which pass through undeveloped areas, therefore, NHAI is obliged to provide basic wayside amenities like petrol pump, toilets, repair shops etc. at appropriate places to facilitate smooth flow of traffic, therefore, if a small portion of acquired land is used by NHAI for establishing wayside facilities for the users of the highway, the same in itself will not vitiate the acquisition made by the State for the petitioners. 11. It is not the case of the petitioners that the land acquired by them is sold or leased out by NHAI in favour of some other entity for a purpose not connected with national highways. Thus, the contention made on behalf of the petitioners that their land was acquired for a purpose other than public purpose, cannot be accepted. NHAI is required not only to develop the national highways, but also to manage and maintain them, therefore, the purpose for 2026:UHC:3877 which the land is leased out, cannot be said to be alien to the object of National Highways Authority of India Act, 1988. 12. Learned counsel for the petitioners then submits that a substantial part of the land belonging to petitioners lies on the backside of acquired land, which will become landlocked due to construction of petrol pump. She submits that petitioners are entitled to easmentary rights, including the right to have access to their land, therefore, NHAI be directed to provide right of way to them so that they can use their land for their benefit. 13. Mr. Naresh Pant, learned counsel appearing for NHAI submits that if petitioners make representation to the competent authority, the same shall be considered sympathetically. 14. The writ petition is, accordingly, disposed of by permitting petitioners to make representation. If they make representation within two weeks from today, the competent authority in National Highway Authority of India shall take decision on the same, as per law, within ten weeks thereafter. (Manoj Kumar Tiwari, J.) 19.05.2026 Navin