NHAI Can't Be Directed To Construct Highways Through Populated Areas: Rajasthan HC Dismisses 'Motivated' PIL By Gram Panchayat
The Rajasthan High Court has dismissed a public interest litigation seeking direction to the National Highway Authority of India to not construct a by-pass on the highways. The PIL filed by the Gram Panchayat of a village close to NH 325 also sought direction to the NHAI to construct the highway through the populated area of the village so that the development of the village can take...
The Rajasthan High Court has dismissed a public interest litigation seeking direction to the National Highway Authority of India to not construct a by-pass on the highways.
The PIL filed by the Gram Panchayat of a village close to NH 325 also sought direction to the NHAI to construct the highway through the populated area of the village so that the development of the village can take place likewise.
The court opined that ex facie the writ petition has been filed for oblique and malafide motives.
Notably, after arguing the matter at great length, the counsel representing the petitioner, craved liberty to withdraw the petition.
The division bench comprising Justice Sandeep Mehta and Justice Kuldeep Mathur allowed the request and observed,
"Ex facie, we are of the opinion that the writ petition has been filed for oblique and malafide motives. There cannot be any justification to entertain a prayer for directing the National Highway Authority not to construct a by-pass on the highways and to direct them to construct the highway through the populated areas. Ex facie, we feel that the motive behind filing of this writ petition is not bonafide."
Adv. Shambhoo Singh Rathore appeared for the petitioner.
Case Title: Gram Panchayat, Dujana Panchayat Samiti, Sumerpur District Pali, Through Its Sarpanch Smt. Panku Devi v. Union of India & Ors.
Citation: 2022 LiveLaw (Raj) 225
Click here to read/ download Order