Brijesh Chand vs Union Of India And Others

Manoj Kumar Tiwari, J

According to the petitioner, he is a Bhumidar of a piece of land situate in Revenue Village Ahmedpur Chidiya, District Haridwar.

Grievance of the petitioner is that National Highway Authority of India (for short “N.H.A.Iâ€) is proposing to construct highway over his land,

without initiating proceedings under National Highways Act, 1956.

By means of this writ petition, petitioner has sought the following relief:-

“a) issue a writ, order or direction in the nature of mandamus commanding the respondent authorities not to construct NH-74 on Khasra No.22

area 0.2150 Hectare (2150 Square Meter) situated at Village Ahamadpur Chidiya, Pargana Nazibabad, Tehsil & District Haridwar without paying

compensation as per law to the petitioner and performa respondent no.6.â€​

Learned counsel for the petitioner has referred to some report submitted by Sub-Divisional Magistrate, Haridwar, in support of his contention that

petitioner is Bhumidar of the land in question.

Per-contra, Mr. Raunak Pant, Advocate holding brief of Mr. Naresh Pant, Advocate submits that the land, over which highway is proposed to be

constructed, does not belong to the petitioner and the land in question was handed-over to N.H.A.I. by State Public Works Department and Forest

Authority. He, therefore, submits that the highway is proposed to be constructed over public land and the claim of the petitioner that he is Bhumidar

in respect of the said land, is without any substance.

Since there is a dispute regarding title over the land in question, therefore, this Court cannot go into disputed questions of fact, while exercising writ

jurisdiction under Article 226 of Constitution of India.

Since petitioner has a remedy of approaching a Competent Civil/Revenue Court as the case may be, therefore, the writ petition is dismissed on the

ground of alternative remedy with liberty to petitioner to approach the appropriate forum available to him under law.