The Allahabad High Court has observed that in matters where the national highway is being constructed by the National Highways Authority of India (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.In a writ petition, one Brikesh Kumar Mishra requested the court to command the general manager (east Uttar Pradesh), National Highway, and three other respondents to construct an underpass to ensure smooth ingress-egress of the residents of village Nagwa in Ballia district, which is situated on the Green Field Expressway constructed by the NHAI.
In its order, the court said, “The national highway project is of vital public importance so unless mala fide or apparent arbitrariness is shown, the court would be reluctant to interfere with the public project of such vital significance.” With this observation, the court declined to issue any direction for the construction of an underpass to connect a village in district Ballia situated on Green Field Expressway constructed by the NHAI.
Declining to issue any direction in the writ petition, a division bench comprising Justice Ashwani Kumar Mishra and Justice Donadi Ramesh said in its decision dated April 8, “The nature of the project is of vital public importance and the project report takes note of the requirement 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 to interfere with the public project of such vital significance.” However, in pursuance of court direction, written instructions were produced before the court saying that proper connectivity was provided.During the 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.
