Created by Fuzzy Cloud

Allahabad High Court

RAJAN LALversusPROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY AND 2 OTHERS

Decided

Holding

The Court disposed of the writ petition, directing the NHAI to decide the pending representation within three months, after hearing all stakeholders.

Summary

Petitioner Rajan Lal filed a writ petition seeking a mandamus directing the National Highway Authority of India (NHAI) to consider his representation dated 27 May 2025 and refer the dispute to the Principal Civil Court under Section 3H(4) of the National Highway Act, 1956. The petitioner limited his relief to the disposal of that pending representation. The respondents raised no objection to the prayer. The Court, noting that keeping the petition pending would serve no useful purpose, disposed of the petition with the parties' consent, directing the NHAI to decide the representation within three months of receiving a certified copy of the order, after giving a hearing to all stakeholders. No notice was required to a third respondent, Amit Kumar. The order was dated 14 May 2026.

Issues considered

  • Whether the High Court can issue a writ of mandamus directing NHAI to consider and decide a representation under Section 3H(4) of the National Highway Act, 1956
  • Whether the petition should be dismissed or disposed of without further hearing

Legislation cited

Subjects

  • mandamus
  • representation
  • land acquisition
  • NHAI
  • National Highway Act
  • administrative law
  • writ petition

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                         WRIT - C No. - 19004 of 2026

Rajan Lal
                                                                  .....Petitioner(s)
                                      Versus

Project Director, National Highway Authority And
2 Others                                                       .....Respondent(s)

Counsel for Petitioner(s)         : Mohd. Abrar Khan
Counsel for Respondent(s)         : Abu Bakht, C.S.C., Dinesh Kumar
                                    Singh

Court No. - 21
            HON'BLE MAHESH CHANDRA TRIPATHI, J.
            HON'BLE KUNAL RAVI SINGH, J.

1. Heard learned counsel for the petitioner; Ms. Uttara Bahuguna, learned
Additional Chief Standing Counsel for the State respondent and Sri
Dinesh Kumar Singh, learned counsel for respondent no. 1.

2. In view of the order proposed to be passed today, no notice is required
to be issued to respondent no. 3 i.e. Amit Kumar.

3. The instant writ petition is preferred, inter alia for the following relief:

     "I. Issue a writ, order or direction in the nature of mandamus commanding
     the Competent Authority (Land Acquisition NHAI) Kaushambi/
     Respondent No. 2 to consider and decide the representation dated
     27.05.2025 and refer the dispute to Principal Civil Court under section
     3H(4) of the National Highway Act, 1956."

4. At the outset, learned counsel for the petitioner has confined his relief
only to the extent of disposal of petitioner's application dated 27.05.2025,
which is pending before the respondent no. 2.

4. Learned counsel for the respondents have no objection to the prayer so
made by learned counsel for the petitioner.

5. Considering the facts and circumstances of the case, we find that no
useful purpose would be served keeping the petition pending
consideration, accordingly, without adverting to the merits of the case and
                                                                                           WRIC No. 19004 of 2026
                                                                   2


                                    with the consent of the parties, we dispose of the instant writ petition with
                                    the observation that in case the representation dated 27.05.2025 has not
                                    been decided till date, the respondent no. 2 must take a final decision in
                                    the matter, but certainly after giving ample opportunity of hearing to the
                                    all the stake holders, expeditiously, preferably within a period of three
                                    months from the date of production of a certified copy of this order.



                                                       (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.)
                                    May 14, 2026
                                    Pkb/




Digitally signed by :-
PRAMOD KUMAR BAJPAI
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.