Land Acquisition Arbitration And Writ Jurisdiction: Constitutional Limitations In The Wake Of Suryadev Pathak vs. Union Of India

• Published date: 04 December 2025
• Subject Matter: Government, Public Sector, Litigation, Mediation & Arbitration, Constitutional & Administrative Law, Arbitration & Dispute Resolution
• Law Firm: IndiaLaw LLP
• Author: Rahul Sundaram

The recent judgment in Suryadev Pathak vs. Union of India before the Allahabad High Court presents a significant exposition on the jurisdictional limitations of constitutional courts when statutory remedies exist under specialized legislation. This case, bearing citation Writ-C No. 28215 of 2025, emerged from a land acquisition dispute involving the Bharat Mala Scheme for National Highway development.

The petitioner, Suryadev Pathak, a landowner from Gorakhpur, found himself embroiled in a compensation dispute following the acquisition of his multiple land parcels under the National Highways Act, 1956 for the widening of National Highway No. 29E. The acquisition was undertaken by the National Highways Authority of India (NHAI) as part of the broader infrastructure development initiative, with the Union of India and State of Uttar Pradesh serving as co-respondents in the proceedings.

The genesis of the dispute lay in Pathak's dissatisfaction with the compensation amount determined by the acquiring authorities, which he perceived as arbitrarily inadequate. Consequently, he invoked the arbitration mechanism provided under Section 3G(5) of the National Highways Act, 1956, seeking enhanced compensation through the prescribed dispute resolution framework.

The procedural complexity...