Writ petition challenging the power of a private entity to issue a demolition notice to the petitioner under Section 26 of the Control of National Highways (Land and Traffic) Act, 2002. The court accepted that power cannot be delegated to a private company.
The impugned notice dated 02.06.2022 is quashed; respondent allowed to proceed afresh.
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Court No. - 21
Case :- WRIT - C No. - 16834 of 2022
Petitioner :- Ajay Mishra Respondent :- Project Director Nhai And 4 Others Counsel for Petitioner :- Anil Kumar Singh Counsel for Respondent :- C.S.C.,Pranjal Mehrotra
Hon'ble Manoj Kumar Gupta,J. Hon'ble Chandra Kumar Rai,J.
The instant writ petition has been filed challenging the power of respondent no.4, a private entity, in issuing notice dated 02.06.2022 to the petitioner, exercising power under Section 26 of the Control of National Highways (Land and Traffic) Act, 2002 (hereinafter referred to as 'the Act') directing him to remove his constructions from a National Highway as the same were an encroachment.
The ground of attack is that the power under Section 26 of the Act is vested in Highway Administration or the Officer authorized by such Administration in this behalf. Under Section 20, the Highway Administration, with prior approval of the Central Government, by notification in the Official Gazette, is empowered to appoint a gazetted officer of the State Government or Central Government or officer of the National Highways Authority of India or any other Authority constituted under any other enactment to exercise powers and discharge such functions of the Highway Administration as may be specified in the notification.
It is urged that respondent no.4 is a private limited company and cannot be delegated with power conferred upon the Highway Administration under Section 26 of the Act.
Sri Pranjal Mehrotra, learned counsel for respondent no.1, at whose behest the impugned notice has been issued, very fairly admits that power of Highway Administration cannot be
delegated to a private entity. He submits that leave be granted to respondent no.1 to proceed afresh in terms of the provisions of the Act.
Accordingly, we quash the impugned notice but leave it open to respondent no.1 to proceed afresh in accordance with law.
Petition stands allowed accordingly.
Order Date :- 8.6.2022 Shahroz
(Chandra Kumar Rai,J.) (Manoj Kumar Gupta,J.)
Digitally signed by SHAHROJ ALAM Date: 2022.06.10 15:40:29 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether a private company can be authorized under Section 26 of the Control of National Highways (Land and Traffic) Act, 2002.
Whether the power under Section 20 can be delegated to a private entity.
2 provisions across 1 enactments
Ajay Mishra
Project Director Nhai
Respondent 2
Respondent 3
Respondent 4
Manoj Kumar Gupta
Chandra Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
