Jammu and Kashmir High Court Upholds NHAI's Lease for Petrol Pump Development

Court dismisses petitioner's claim for preferential rights over unutilized land, affirms public purpose for highway amenities.

In a significant ruling, the Jammu and Kashmir High Court has dismissed a petition challenging the lease of unutilized land acquired by the National Highways Authority of India (NHAI) for the establishment of a petrol pump and other wayside amenities. The court upheld the NHAI's decision, recognizing the development of such facilities as serving a public purpose.

The case was brought before the court by Rajinder Singh, who sought to prevent the execution of a lease deed in favor of a private respondent for land that was part of a larger acquisition for the four-laning of the national highway. Singh argued that the unutilized portion of his land, measuring 4 kanals and 15 marlas, should be returned to him or leased to him due to his preferential rights as an adjoining landowner.

However, the High Court, presided over by Justice Sanjay Dhar, ruled against Singh's claims. The judgment emphasized that the provisions of the National Highways Authority of India Act, 1988, obligate the NHAI to develop facilities and amenities for highway users. The court noted that such developments, including petrol pumps, fall within the ambit of "public purpose."

The court also addressed Singh's claim for preferential rights based on the now-repealed Jammu and Kashmir Right of Prior Purchase Act, dismissing it as irrelevant in the current legal framework. Additionally, the court found no merit in Singh's argument that the lease should have been granted to him without participating in the public tender process, highlighting the land was leased to the highest bidder following due procedure.

This ruling reinforces the NHAI's mandate to enhance highway infrastructure and amenities, ensuring the smooth flow of traffic and the safety of commuters. The decision affirms the authority's right to utilize unutilized lands for public facilities, rejecting claims that challenge the broader objectives of national infrastructure development.

Bottom Line:

Land Acquisition - Challenge to the lease of land acquired by NHAI for public purpose. Held, establishment of petrol pump and wayside amenities falls within the ambit of "public purpose." Petitioner's claim for preferential rights on the unutilized portion of acquired land rejected.

Statutory provision(s): National Highways Authority of India Act, 1988 Sections 13 and 16(2)(f)

Rajinder Singh v. UOI, (Jammu and Kashmir) : Law Finder Doc Id # 2786199