Larger Public Good By Constructing National Highways Need Not Be Overemphasized, Interest Of Local People Must Also Be Considered: Kerala HC

The appellants, residents of the Malappuram district approached the High Court for the construction of a vehicular underpass at a specific chainage of Six Lane National Highway No.66 (NH66) to ensure the access of the residents of the locality to the other side of the road.

Justice A.K.Jayasankaran Nambiar and Justice Syam Kumar V.M. dismissed the writ appeal taking note of the existence of a vehicular underpass close by to the location suggested by the appellants.

“We note that the appellants are not espousing their private interests and are rather raising the plea on behalf of the general public of the locality who have been impacted by the construction of NH 66. However, the larger public good involved in projects like the construction of National Highways cris- crossing the length and breadth of the country augmenting the much needed national infrastructure need not be overemphasized. Thus there arises the need to balance the interests of the people of a particular locality with that of the interest of the public at large so as to subserve the 'common good'.”

The appellants approached the High Court with the apprehension that the construction of NH 66 connecting Panvel in Maharashtra to Kanyakumari in Tamil Nadu would cut off their access to the utilities and institutions located on the other side of the road. Aggrieved by the dismissal of their writ petition, they have preferred a writ appeal.

The appellants submitted that many facilities and buildings are located on the other side of the road of NH 66 such as schools, hospitals, banks, ATMs, burial grounds etc to which the general public needs access.

It was argued that the construction of a new six-lane NH 66 without making a vehicular underpass would cut off the access of the general public to the other side of the road. It was also argued that the only solution to alleviate inconvenience to the general public would be the construction of a new vehicular underpass, despite the presence of another existing underpass at a nearby location. The appellants submitted that the National Highway authorities were bound to construct another vehicular underpass at a chainage suggested by them.

On the other hand, the respondents contended that there were other vehicular underpasses and service roads to provide access to the other side of the road. It was also submitted that vehicular underpasses at close distances would cause road safety issues and were impermissible as per the Manual of Specifications and Standards for Six Laning of Highways.

The Court noted that a vehicular underpass was constructed at a chainage close to the location suggested by the appellants. It also took note of the fact that the general public was using that vehicular underpass to access the other side of the road.

The Court relied upon the Apex Court decision in Coal India Ltd. and another v. Competition Commission of India and another (2023) where it was laid down that the term 'common good' referred to in Directive Principles of State Policy in Article 39 (b) (that the ownership and control of the material resources of the community are so distributed as best to sub serve the common good) of the Constitution means to achieve highest good to the maximum number of people. The Court also relied upon Apex Court decisions to consider the scope of private interest and public interest.

It thus found that the existence of a close by vehicular underpass would serve the interests of the appellants and dismissed the writ appeal.

Counsel for Appellants: Advocates K.M.Sathyanatha Menon, Ayisha

Counsel for Respondents: Central Government Counsel Mini Gopinath, Senior Government Pleader V K Shamsudheen

Citation: 2024 LiveLaw (Ker) 438

Case Title: Abdul Razak v Union of India

Case Number: WA NO. 742 OF 2024

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