Patna High Court
Angad Kumar @ Angad Prasad Yadav vs The State Of Bihar on 1 February, 2024
Author: Prabhat Kumar Singh
Bench: Prabhat Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12244 of 2021
======================================================
1. Angad Kumar @ Angad Prasad yadav S/o-Sri Siya Saran Prasad, R/v-
Pabhera, P.O.-Pabhera, P.S.-Dhanarua, Distt.-Patna.
2. Brij Bhushan Kumar S/o-Indradeo Yadav R/v-Lachhu Bigha, P.S.-Dhanarua,
Distt.-Patna.
3. Shashi Bhushan S/o-rameshwar Prasad Singh R/v-Mahmadpur, P.S.-
Dhanarua, Distt.-Patna.
... ... Petitioners
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Road Construction Department, Government of
Bihar, Patna.
3. The Project Director, National Highway Authority of India, Project
Implementation Unit, Gaya House No.-70/224 West Jagjivan Road, Judicial
Quarter, Chanakyapuri Colony, Gaya-823001.
4. The Regional Director, National Highway Authority, D-63, First Floor, Sri
Krishnapuri, Boring Road, Patna-800001.
5. The District Magistrate, Patna, Bihar.
6. The District Land Acquisition Officer, Patna, Bihar.
7. The Assistant Director Land and Acquisition Officer, Bihar.
8. The Additional Collector, Land and Revenue, Bihar, Patna.
... ... Respondents
======================================================
Appearance :
For the Petitioners : Mr.YC Verma, Senior Advocate
Mr. Ashok Kumar, Advocate
For the State : Ms/Mrs. Pushpanjali Sharma, AC to SC 20
For the NHAI Mr. Kumar Gautam, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL JUDGMENT
Date : 01-02-2024
Heard learned counsel for the parties.
2. Writ petition has been filed for a direction to the
respondents to cancel the new alignment of Jai-Nagar
Aurangabad North-South Corridor (Bharat Mala Sringkhala)
running through the Pabhera Mauza, P.S.-Dhanarua, Distt.-
Patna and to accept the previous alignment of the same road
Patna High Court CWJC No.12244 of 2021 dt.01-02-2024
passing through the village- Pabhera considering the un-
necessary encroachment of the land of the petitioners including
the land of the villagers.
3. In this case, counter affidavit has been filed on
behalf of respondents no. 3 and 4. In paragraph 5 thereof, it has
been stated that in the matter 3A Gazette Notification was done
vide S.O. No. 3244(E) dated 23-09-2020 and 3D vide S.O. No.
1311 (E) dated 24-03-2021 and after publication of Gazette u/s
3D of the NH Act, land vested in the Central Government free
from all encumbrances. A photo copy of the Gazette
Notifications vide S.O. No. 3244(E) dated 23-09-2020 and 3D
vide S.O. No. 1311 (E) dated 24- 03-2021 is contained in
Annexure R 3& 4-1 & 1A to the Counter affidavit.
4. Law is well settled that Courts are not at all
equipped to decide upon the viability and feasibility of the
particular project and whether the particular alignment would
subserve the larger public interest. In such matters, the scope of
judicial review is very limited. Reference is made to the
decision of the Hon'ble Supreme Court rendered in case of
Union Of India vs Kushala Shetty & Ors reported in (2011)
12 SCC 69.
Paragraph 24 of the judgment is reproduced herein
Patna High Court CWJC No.12244 of 2021 dt.01-02-2024
below for easy reference:-
"Here, it will be apposite to mention that
NHAI is a professionally managed statutory body having
expertise in the field of development and maintenance of
National Highways. The projects involving construction
of new highways and widening and development of the
existing highways, which are vital for development of
infrastructure in the country, are entrusted to experts in
the field of highways. It comprises of persons having
vast knowledge and expertise in the field of highway
development and maintenance. NHAI prepares and
implements projects relating to development and
maintenance of National Highways after thorough study
by experts in different fields. Detailed project reports are
prepared keeping in view the relative factors including
intensity of heavy vehicular traffic and larger public
interest. The Courts are not at all equipped to decide
upon the viability and feasibility of the particular
project and whether the particular alignment would
subserve the larger public interest. In such matters, the
scope of judicial review is very limited. The Court can
nullify the acquisition of land and, in rarest of rare
cases, the particular project, if it is found to be ex-facie
contrary to the mandate of law or tainted due to mala
fides. In the case in hand, neither any violation of
mandate of the 1956 Act has been established nor the
charge of malice in fact has been proved. Therefore, the
order under challenge cannot be sustained."
Patna High Court CWJC No.12244 of 2021 dt.01-02-2024
5. Having heard learned counsel for the parties and
having perused the materials available on record and the law
laid down by the Hon'ble Supreme Court in the case of Union
Of India vs Kushala Shetty & Ors (supra), I do not find any
merit in the writ petition. It is accordingly, dismissed.
(Prabhat Kumar Singh, J)
Shashi
AFR/NAFR AFR
CAV DATE NA
Uploading Date 2.2.2024
Transmission Date 2.2.2024
