levy of toll without
providing a service route or an alternate
route is arbitrary and unreasonable,
violating Article 14 , 19(1)(d) and Article ... levy of toll without providing a
service route or an alternate route is arbitrary
site inspection was
conducted on 21st February 2025, during which an
alternative route suggested by the writ petitioner was pointed
out. Thereafter, the second respondent ... dealing with the alternative suggestion as
submitted by the writ petitioner, it is contended that the
alternate route suggested by the petitioner cannot be
considered
Indian Telegraph Act, along with a sketch showing an alternative
route for drawing the 110 KV line. If the proposed route is adopted, the
property ... residential building could be constructed. On the other hand, the
alternative route would not cause any damage to the petitioner's
property, would
proposed route of the said project and also suggested an
alternative route bypassing the densely populated area through
the fields of the same village ... submitted a detailed map
indicating the alternative route. It was also contended that if
the crossing of proposed Hajipur-Darbhanga Section of the
said national
that Section 251-A applies
only when no alternative passage exists. They asserted that
alternate routes were available, as shown in their map (Exhibit ... inspection report dated 26.07.2021. Despite objections that
the report ignored the alternate routes, the SDO, by order dated
27.09.2021, allowed the application and declared
personal inspection as ordered by this Court,
finding that the alternate route suggested by the petitioners
was expensive and technically not feasible. It is seeking ... personally inspect the site in
question, especially when an alternative route was suggested
by the appellants. ADM, admittedly, has carried out a personal
inspection
going on and there was no sign board of any alternative route. Due to construction
activity, the U-turn on the said road was blocked ... wrong side driving and there was no sign board of any alternative route on the part
of concerned authority. I only cover 50-100 meters
that the plea of the
original petitioners / appellants herein of an alternative route
was rejected by the Mamlatdar noticing that the alleged route
was unusable ... alternative way existed. The arguments
is that out of four Panchas, two stated that no alternative way
exists, whereas the other two stated that alternative
years' possession over
Khasra No. 331 and urging an alternative shorter route through
Khasra No. 331/3. The learned Revenue Appellate Authority ... 2025]
authority, while exercising powers thereunder, must evaluate all
feasible alternative routes to the khatedar's agricultural fields.
Only the shortest and nearest
made to
suggest that the deceased may have travelled through an alternate route.
However, no such assertion finds mention in the claim application and also ... later stage without laying the necessary foundation. The
suggestion of an alternate route in the absence of any pleading or supporting
materialwas therefore rightly
