‘Not A Case Of People Suffering Due To Any Area Being Inaccessible’: Patna High Court Closes PIL Seeking Construction Of Road In Kaimur

Observing that it is not a case where people are suffering due to any area being inaccessible, the Patna High Court recently closed a Public Interest Litigation (PIL) seeking directions for construction of a public road in Kaimur district.

"Though further development of a road or road connectivity is an important facet of convenience for general public at large, we cannot lose sight of the fact that the issues brought before this Court, by way of instant Public Interest Litigation, has been given due attention by the Authorities, which is apparent from the affidavits. The Government must be allowed to proceed with the matter for which administrative approval has been sought as per due priority of the road in-question having regard to various administrative and financial issues, which are essentially matters of executive policy," said the court.

The division bench of Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad said it does not find it a fit case to proceed any further in the matter. "The proceedings are thus closed," it said.

The Road Construction Department earlier filed a counter affidavit stating that the grievance raised pertained to a road under the jurisdiction of the Rural Works Department. The counter affidavit also mentioned that a bypass road had already been constructed, providing smooth communication.

The Rural Works Department also filed a separate counter affidavit, stating that they had taken steps for the construction and maintenance of a portion of the road. A detailed project report under the Bihar Rural Road Maintenance Policy, 2018 had been prepared and forwarded for administrative approval, it said. The department asserted that they had taken steps to address the petitioner's grievance regarding the stretch of the road under their jurisdiction.

Case Title: Lavkush Anupam vs. The State of Bihar and Ors. Civil Writ Jurisdiction Case No.1686 of 2023

Citation: 2023 LiveLaw (Pat) 26

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