Allahabad high court declines to intervene in NHAI project

Prayagraj: "The national highway project is of vital public importance, so unless mala fide or apparent arbitrariness is shown, the court would be reluctant in interfering with the public project of such vital significance," observed the Allahabad high court while declining to issue any direction for construction of underpass to connect a village in Ballia situated on a green field expressway constructed by the National Highways Authority of India (NHAI).

While declining to issue any direction in the writ petition filed by one Brikesh Kumar Mishra, a division bench comprising Justice Ashwani Kumar Mishra and Justice Donadi Ramesh observed, "In matters where national highway is being constructed by the NHAI, it would not be prudent for the court to interfere or to direct the authorities to change the project only for the convenience of certain residents. The nature of the project is of vital public importance and the project report takes note of the requirements of the residents. It is not possible to provide connectivity to each village with the expressway. Unless mala fide or apparent arbitrariness is shown, this court would be reluctant in interfering with the public project of such vital significance."

In the present writ petition, the petitioner had requested the court to command the general manager (east Uttar Pradesh), national state highway, and three other respondents to construct an under-pass so as to ensure smooth ingress-egress of the residents of village-Nagwa of Ballia district, which is situated on the green field expressway constructed by the NHAI.

Earlier at one stage, the court had directed the counsel for the NHAI to obtain instructions.

Subsequently, in pursuance of the direction of the court, the written instructions were received from the project director, according to which the project has taken note of the concern raised in the matter and proper connectivity has already been provided.

During the course of hearing, the counsel for the petitioner stated that the provisions contemplated in the project do not adequately meet the requirements of the residents of the village.

The court in its decision dated April 8, while taking the submissions of the NHAI on record, declined to pass any order, saying, "In view of the specific stand taken by the respondents – national highway authorities, according to which, necessary provisions have already been made in the project to facilitate the movement of residents, we decline to issue any direction in the writ petition, as is prayed."

Prayagraj: "The national highway project is of vital public importance, so unless mala fide or apparent arbitrariness is shown, the court would be reluctant in interfering with the public project of such vital significance," observed the Allahabad high court while declining to issue any direction for construction of underpass to connect a village in Ballia situated on a green field expressway constructed by the National Highways Authority of India (NHAI).

While declining to issue any direction in the writ petition filed by one Brikesh Kumar Mishra, a division bench comprising Justice Ashwani Kumar Mishra and Justice Donadi Ramesh observed, "In matters where national highway is being constructed by the NHAI, it would not be prudent for the court to interfere or to direct the authorities to change the project only for the convenience of certain residents. The nature of the project is of vital public importance and the project report takes note of the requirements of the residents. It is not possible to provide connectivity to each village with the expressway. Unless mala fide or apparent arbitrariness is shown, this court would be reluctant in interfering with the public project of such vital significance."

In the present writ petition, the petitioner had requested the court to command the general manager (east Uttar Pradesh), national state highway, and three other respondents to construct an under-pass so as to ensure smooth ingress-egress of the residents of village-Nagwa of Ballia district, which is situated on the green field expressway constructed by the NHAI.

Earlier at one stage, the court had directed the counsel for the NHAI to obtain instructions.

Subsequently, in pursuance of the direction of the court, the written instructions were received from the project director, according to which the project has taken note of the concern raised in the matter and proper connectivity has already been provided.

During the course of hearing, the counsel for the petitioner stated that the provisions contemplated in the project do not adequately meet the requirements of the residents of the village.

The court in its decision dated April 8, while taking the submissions of the NHAI on record, declined to pass any order, saying, "In view of the specific stand taken by the respondents – national highway authorities, according to which, necessary provisions have already been made in the project to facilitate the movement of residents, we decline to issue any direction in the writ petition, as is prayed."