The Jammu & Kashmir and Ladakh High Court at Jammu has dismissed a writ petition filed by Rajinder Singh, who sought to stop the National Highways Authority of India (NHAI) from leasing out a portion of land at Chanderkot, Ramban, for a petrol pump. Justice Sanjay Dhar held that the move to establish a fuel station formed part of the “public purpose” for which the land was originally acquired.
Background
Rajinder Singh had approached the court challenging NHAI’s decision to lease out 4 kanals and 15 marlas of land part of his property acquired for the four-laning of the Jammu–Srinagar highway to a private bidder. The petitioner argued that since the chunk remained “unused” after the highway widening, he had a preferential right to reclaim it.
Singh contended that the proposed petrol pump would obstruct access to his business, M/s Kartar & Sons, a hotel and shopping complex located nearby. He further claimed that the land was unsuitable for a petrol pump as it was being used for langar facilities and temporary toilets for Amarnath pilgrims.
Court’s Observations
Rejecting these claims, Justice Dhar underscored that NHAI’s statutory duty under Section 16 of the National Highways Authority of India Act, 1988, includes developing and maintaining highways along with necessary roadside amenities.
“The authority,” the judge noted, “is empowered to provide such facilities and amenities for highway users as are necessary for the smooth flow of traffic.” He also referred to a 1998 Ministry of Transport circular listing facilities such as parking areas, restrooms, restaurants, and petrol pumps among recognized wayside amenities.
The Court clarified that since land acquired under the Act is “deemed to be needed for a public purpose,” setting up a petrol pump clearly falls within that definition. “Utilization of the land for developing such facilities cannot be said to deviate from public purpose,” Justice Dhar observed.
On the petitioner’s claim of pre-emption, the Court reminded that the Jammu and Kashmir Right of Prior Purchase Act has been repealed and thus “no such right survives.”
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Decision
Holding that NHAI followed due process by inviting bids and awarding the lease to the highest bidder (respondent no. 8), the Court concluded that Singh’s claim was legally untenable.
“The petitioner, without participating in the tender process, cannot claim any right of allotment,” the judge remarked, adding that the land was rightly used for the creation of public amenities in line with statutory obligations.
Consequently, the writ petition was dismissed.
Case Title: Rajinder Singh v. Union of India & Others
Case Number: WP(C) No. 1148/2025; CM No. 2715/2025
Judge: Hon’ble Mr. Justice Sanjay Dhar
Petitioner’s Counsel: Mr. Vivek Sharma, Advocate
Respondents’ Counsels:
- Mr. Vipan Gandotra, Advocate (for R-1 & R-4 – NHAI)
- Mrs. Monika Kohli, Sr. AAG (for R-2, 3, 5 & 6)
- Mr. Pranav Kohli, Sr. Advocate with Mr. Vastav Sharma (for R-8)
Date of Judgment: 11 September 2025 (Reserved on 3 September 2025)
