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Balakrishna Pillai v. Union of India

  • Order

National Highway Act, 1956 – When the acquisition is for a public purpose, the citizens should co-operate with the same. Whether there is a house building erected on the proposed alignment in question or that there is a Temple or a Mosque or Grave, which will be affected by the acquisition is not a ground for dropping acquisition proceedings for a public purpose. One of the need of the Country is National Highway with sufficient width, with straight roads, so that citizens, businessmen, industrialists and people from all walks of life can use the same. In such a situation, if the Court starts to interfere in acquisition proceedings of National Highway on the basis that there is a curve or there is a Mosque or there is a Temple or there is a School, the acquisition proceedings could not be completed. Unless there are mala fides or unless there is patent illegality, the acquisition proceedings cannot be interfered with by the writ court, invoking the powers under Article 226 of the Constitution of India. For the development of the National Highway, if the religious institutions are affected, God will forgive us.

Citations : 2021 (4) KCC 132 : 2021 (4) KHC 282