Karnataka High Court
Vikram vs Union Of India on 21 September, 2023
Bench: Chief Justice, Krishna S Dixit
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WP No. 4352 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF SEPTEMBER, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 4352 OF 2022 (LB-RES)
BETWEEN:
1. VIKRAM S/O RAGHAVESH SIRUR
AGED ABOUT 75 YEARS,
OCC: BUSINESS,
R/O LAMINGTON ROAD, OPP HDMC,
HUBBALLI - 580 020.
2. SHRI. ANAND
S/O NARAYAN PANDURANGI,
AGED ABOUT 52 YEARS,
OCC: ARCHITECT,
R/O No.6, GANJAN HOUSING SOCIETY,
Digitally signed
BHAVANI NAGAR, HUBBALLI - 580 023.
by SHARADA
VANI B 3. SHRI. M A SUBRAMANYA
Location: HIGH S/O M ANANTAMURTHY,
COURT OF
KARNATAKA AGED ABOUT 61 YEARS,
OCC: BUSINESS,
R/O No. 18, KEB CROSS,
VISHWESWARNAGAR, HUBBALLI - 580 032.
4. MAHESH S/O SOMASHEKHAR HIREMATH,
AGED ABOUT 56 YEARS,
OCC: ARCHITECT,
R/O H No.6566, CHANDRAGIRI LAYOUT,
NEAR POLICE QUARTERS, VIDYANAGAR,
HUBBALLI - 580 031.
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5. SHRI. SHRIKANT S/O RAMACHANDRA INNENJE,
AGED ABOUT 59 YEARS,
OCC: ENGINEER,
R/O No.41, MADHURA ESTATE, HUBBALLI.
6. VCO DATED 20/01/2023 R6 IS DELETED
7. KUMAR HAKARI,
S/O ANDAPPA,
AGED ABOUT 52 YEARS,
OCC: BUSINESS,
R/O H.NO. 229, VENKATESHWAR COLONY,
MANJUNATH NAGAR, GOKUL ROAD,
HUBBALLI - 580 030.
8. VCO DATED 20/01/2023 R8 IS DELETED
9. TIPPUSULTHAN SAYYAD S/O IBRAHIM
AGED ABOUT 45 YEARS,
OCC: BUSINESS,
SAYYAD BUILDING, LAMINGTON ROAD,
HUBBALLI - 580 020.
10. VCO DATED 20.01.2023 R10 IS DELETED
11. MAHENDRA LADHAD S/O HARIDAS,
AGED ABOUT 65 YEARS,
OCC: BUSINESS,
R/O MADHUBAN, H.NO.72,
FOREST COLONY, RAJ NAGAR,
HUBBALLI - 580 032.
12. VCO DATED 20.01.2023 R12 IS DELETED
13. GAJANAN V BELAMKAR,
AGED ABOUT 68 YEARS,
OCC: BUSINESS,
R/O CLUB ROAD, BELAMKAR COMPLEX,
HUBBALLI - 580 029.
14. VCO DATED 20.01.2023 R14 IS DELETED
15. VCO DATED 20.01.2023 R15 IS DELETED
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16. VCO DATED 20.01.2023 R16 IS DELETED
17. VCO DATED 20.01.2023 R17 IS DELETED
18. VCO DATED 20.01.2023 R18 IS DELETED
19. VCO DATED 20.01.2023 R19 IS DELETED
20. SANJEEV S/O AMBARESH KULKARNI,
AGED ABOUT 59 YEARS,
R/O AMBARESH NIVAS,
PLOT NO.24 ARIHANT NAGAR,
NEAR ANCHTI BASAVESHWAR TEMPLE,
KUSUGAL ROAD, KESHWARPURA,
HUBBALLI-580 023.
21. VCO DATED 20.01.2023 R21 IS DELETED
22. VCO DATED 20.01.2023 R22 IS DELETED
23. CA NIRANJAN G HIREMATH,
AGED ABOUT 61 YEARS,
OCC: CA, R/O H NO.25 KHB COLONY,
VISHWESHNAGAR, HUBBALLI-580 021.
24. VCO DATED 20.01.2023 R24 IS DELETED
25. VCO DATED 20.01.2023 R25 IS DELETED
26. VCO DATED 20.01.2023 R26 IS DELETED
27. ALKA VIKRAM SIRUR,
AGED ABOUT 68 YEARS,
OCC: BUSINESS,
R/O SIRUR HOUSE, No. 19, LAMINGTON ROAD,
OPP HDMC OFFICES, HUBBALLI-580 020.
28. VCO DATED 20.01.2023 R28 IS DELETED
29. VCO DATED 20.01.2023 R29 IS DELETED
30. VCO DATED 20.01.2023 R30 IS DELETED
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31. VCO DATED 20.01.2023 R31 IS DELETED
32. K SHIVRAJ,
AGED ABOUT 64 YEARS,
OCC: SERVICE,
R/O COTMAC INDUSTRIAL TRADING PVT LTD.,
LAMINGTON ROAD, HUBBALLI-580 020.
33. VCO DATED 20.01.2023 R33 IS DELETED
34. S S PAWAR,
AGED ABOUT 53 YEARS,
OCC: SERVICE,
R/O COTMAC INDUSTRIAL TRADING PVT LTD.,
LAMINGTON ROAD, HUBBALLI-580 020.
35. SHYAMALA,
AGED ABOUT 37 YEARS,
OCC: SERVICE,
R/O COTMAC INDUSTRIAL TRADING PVT LTD.,
LAMINGTON ROAD, HUBBALLI-580 020.
36. MISS KAVITA,
AGED ABOUT 29 YEARS,
OCC: SERVICE,
R/O COTMAC INDUSTRIAL TRADING PVT LTD.,
LAMINGTON ROAD, HUBBALLI-580 020.
37. RAJU DIVTE,
AGED ABOUT 35 YEARS,
OCC: SERVICE,
R/O COTMAC INDUSTRIAL TRADING PVT LTD.,
LAMINGTON ROAD, HUBBALLI-580 020.
38. SAMU,
AGED ABOUT 28 YEARS,
OCC: SERVICE,
R/O COTMAC INDUSTRIAL TRADING PVT LTD.,
LAMINGTON ROAD, HUBBALLI-580 020.
39. SAHADEV,
AGED ABOUT 58 YEARS,
OCC: SERVICE,
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R/O COTMAC INDUSTRIAL TRADING PVT LTD.,
LAMINGTON ROAD, HUBBALLI-580 020.
40. GANESH,
AGED ABOUT 38 YEARS,
OCC: SERVICE,
R/O COTMAC INDUSTRIAL TRADING PVT LTD.,
LAMINGTON ROAD, HUBBALLI-580 020.
41. SIDDU,
AGED ABOUT 25 YEARS,
OCC:SERVICE,
R/O COTMAC INDUSTRIAL TRADING PVT LTD.,
LAMINGTON ROAD, HUBBALLI-580 020.
42. G B WALLKAR,
AGED ABOUT 25 YEARS,
OCC: SERVICE,
R/O COTMAC INDUSTRIAL TRADING PVT LTD.,
LAMINGTON ROAD, HUBBALLI-580 020.
43. NIRMAL HANDIGOL,
AGED ABOUT 63 YEARS,
OCC: SERVICE,
R/O N A SIRUR COTMAC INDUSTRIAL TRADING
PVT LTD., LAMINGTON ROAD,
HUBBALLI-580 020.
44. R R MUGLIHAL,
AGED ABOUT 51 YEARS,
OCC- SERVICE BANK,
R/O PADMARAJ NAGAR, GOKUL ROAD,
HUBLI-580 030.
45. ROHINI V HOOLI,
AGED ABOUT 45 YEARS,
OCC SERVICE BANK,
R/O LATTIPETH OLD HUBLI,
HUBBALLI-580 024.
46. MANGALA N JOSHI,
AGED ABOUT 45 YEARS,
OCC: SERVICE BANK,
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R/O VIJAYA NAGAR, HUBBALLI -580 021.
47. MALLIGA MOHAN,
AGED ABOUT 57 YEARS,
OCC -SERVICE BANK
NO.17, A BLOCK, MADHURA COLONY,
KUSUGAL ROAD, HUBBALLI -580 023.
48. DAXAYANI SAIBABA PATIL,
AGED ABOUT 42 YEARS,
OCC SERVICE BANK,
R/O NO. 64, SHETTAR LAUPOY,
NEAR COMMERCE GLOBAL COLLEGE,
VIDYANAGAR, HUBBALLI-580 021.
49. JYOTHI KALMESH RAIKAR,
AGED ABOUT 39 YEARS,
OCC: SERVICE BANK,
R/O 14/204, AKSHAYA PARK,
HUBBALLI-580 030.
50. JYOTHI KALMESH RAIKAR,
AGED ABOUT 39 YEARS,
OCC: SERVICE BANK,
R/O 14/204, AKSHAYA PARK,
HUBBALLI-580 030.
51. TRUPTI C PAI,
AGED ABOUT 29 YEARS,
OCC: SERVICE BANK,
R/O NO.14, 15 CROSS,
R M LOHIYA NAGAR,GOKUL ROAD,
HUBBALLI-580 030.
52. S R SUMA,
AGED ABOUT 45 YEARS,
OCC: SERVICE BANK,
R/O H.NO.2, LAXMI NARAYAN,
BHAGYALAXMI NAGAR, VIDYANAGAR,
HUBBALLI-580 021.
53. SHRIKANT S DODAWAD,
AGED ABOUT 51 YEARS,
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WP No. 4352 of 2022
OCC: SERVICE BANK,
R/O BEHIND RN SHETY STADIUM,
DHARWAD-580 001.
54. MRUTHYUNJAY N SHIRAGERI,
AGED ABOUT 56 YEARS,
OCC:SERVICE BANK,
R/O KRISHNAPUR ONI, CROSS-2,
OLD HUBLI, HUBBALLI-580 030.
55. SUVARNA G BUDAPPANAVAR,
AGED ABOUT 43 YEARS,
OCC: SERVICE BANK,
CHALVADI ONI KESHWAPUR,
HUBBALLI-580 023.
56. VIJAYKUMAR S GODIMANI,
AGED ABOUT 31 YEARS,
OCC: SERVICE BANK,
R/O NO.48/2, 2ND MAIN ROAD,
PADMARAJ NAGAR, GOKUL ROAD,
HUBBALLI-580 030.
57. SAGAR S JAHAGED ABOUTERDAR
AGED ABOUT 29 YEARS,
OCC: SERVICE BANK
R/O H.NO.36, CITY RESIDENCY,
SHANTH NAGAR, NAVNAGAR,
HUBBALLI-580 025.
58. PRADEEP KUBHIHAL
AGED ABOUT 38 YEARS,
OCC: SERVICE
R/O GANESH TEMPLE, KUBHIHA STREET,
MATTIGATTI KUNDAGOL,
DHARWAD-580 028.
59. ARUN M PACHANGE
AGED ABOUT 50 YEARS,
OCC: SERVICE
R/O 1ST CROSS, BHARAT NAGAR,
NEAR MURDESHWAR FACTORY
HUBBALLI-580 030.
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60. ESHWARAYYA V.L.
AGED ABOUT 30 YEARS,
OCC: SERVICE,
AKSHAYA PARK, GOKUL ROAD,
HUBBALLI-580 030.
61. RAVI S KALLIGUDDA,
AGED ABOUT 38 YEARS,
OCC: SERVICE,
R/O NO.4, MAGADIKONDI LAYOUT,
BEHIND NAREGAL HOSPITAL
HUBBALLI-580 030.
62. MAHANTESH C ARIBENCHI,
AGED ABOUT 36 YEARS,
OCC: SERVICE,
R/O H.NO.182,
HEMAREDDI MALLAMMA COLONY,
BHARAT NAGAR, HUBBALLI-580 030.
63. KALLAPPA M SARDAR,
OCC. SERVICE,
SADAR ONI, HEBBALLI,
DHARWAD 580 001.
64. VEERESH DHARWAD,
OCC. SERVICE,
R/O. NEKHAR NAGAR, GANESH COLONY,
10TH CROSS, OLD HUBLI,
HUBBALLI 580 030.
65. SANJEEV K M,
OCC. SERVICE,
R/O. H. NO. 32, DIRENDRA LAYOUT,
VIJAY NAGAR, HUBBALLI 580 021.
66. ANAND HIREMATH,
OCC. SERVICE,
R/O. ROTTIGAWARD,
KUNDGOL, DHARWAD 580 028.
67. RENUKA NANADAVAR
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OCC. SERVICE,
R/O. UNITED RESIDENCY, PLOT NO. 204,
VIDYA NAGAR, HUBBALLI 580 021.
68. SAGAR BETGERI,
OCC. SERVICE,
R/O. NO. 121, 2ND MAIN ROAD,
7TH CROSS, SIMLA NAGAR, OLD HUBLI,
HUBBALLI 580 030.
69. NAGARAJ ROGANNAVAR,
OCC. SERVICE,
R/O. BENGENRI PLOT NULVI,
NEAR ANGANAVADI, CENTER 06,
NULVI, HUBBALLI.
70. ANAND KAMMAR,
OCC. SERVICE,
KRISHNAPUR ONI, 2ND CROSS,
NEAR MANJUNATH TEMPLE,
INDIPUM, HUBBALLI 580 030.
71. NITHYANAND SIRUR,
AGED ABOUTD 63 YEARS,
OCC: SERVICE,
R/O H.No. 54, GURU MAHIMA 2ND MAIN,
PADMARAJ NAGAR, GOKUL ROAD,
HUBBALLI 580 030.
72. SHEKAR BADAMMALLANNAVAR,
AGED ABOUTD 40 YEARS,
OCC: SERVICE,
R/O C/O PROMOD KULKARNI,
CHETANYYA NAGAR,
NEAR ORIENTAL SCHOOL
HUBBALLI 580 030.
73. GANAPATHI MALALI,
AGED ABOUTD 42 YEARS,
OCC: SERVICE,
R/O NEKAR NAGAR,
RAGHAVENDRA CIRCLE,
HUBBALLI 580 020.
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74. SANTOSH BELGALLI,
AGED ABOUTD 41 YEARS,
OCC: SERVICE,
R./O KRISNAPUR ONI, 2ND CROSS,
OLD HUBALLI, HUBBALLI 580 020.
75. SHARANABASAVAYYA MATHAPATHI,
AGED ABOUTD 38 YEARS,
OCC: SERVICE,
R/O NO 15, SRI FAKKIRESHWAR SADAN,
2nd STAGE, GURUNATH NAGAR,
HUBBALLI 580 030.
76. MANJUNATH YARAKAD,
AGED ABOUTD 38 YEARS,
OCC: SERVICE,
R/O RAMAKRISHNA JYOTHI NIVASA,
PANJI ONI, CHANNAPETH,
HUBBALLI 580 020.
77. RAMAPPA KALAMANNAVAR,
AGED ABOUTD 44 YEARS,
OCC: SERVICE,
R M LOHIYA NAGAR, NEAR MURARJI NAGAR,
GOKUL ROAD, HUBBALLI 580 030.
78. KASTURI KALYNASHETTER,
AGED ABOUTD 55 YEARS,
OCC: SERVICE,
R/O TOTAPPA, H. No. 21,
BASAVA NAGAR, HEGGERI,
HUBBALI 580 020.
79. NARAYAN TIMMAREDDI,
AGED ABOUT 39 YEARS,
OCC: SERVICE,
R/O C/O RS HARALAPOOR NO.107,
MAYURI ESTATE, NEAR CHINMAYA COLONY,
HUBBALLI 580 023.
80. SUTRESH M HOTKAR,
AGED ABOUT 45 YEARS,
OCC: SERVICE,
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2ND MAIN ROAD,
NAVA AYYODAYYA NAGAR
HUBBALLI 580 020.
81. MANJUNATH TORAGER,
AGED ABOUT 38 YEARS,
OCC: SERVICE,
NEAR SUSHRUTA HOSPITAL,
VIDYANAGAR, HUBBALLI 580 031.
82. CHANDRASHEKAR G KORI,
AGED ABOUT 38 YEARS,
OCC: SERVICE,
R/O H NO.122, 1ST CROSS,
SANMANA COLONY, GOKUL ROAD,
HUBBALLI 580 030.
83. MANJUNATH H,
AGED ABOUT 39 YEARS,
OCC: SERVICE,
R/O: H.NO.122, 1ST CROSS,
SANMANA COLONY, GOKUL ROAD,
HUBBALLI- 580 030.
84. CHETAN KUMAR H,
AGED ABOUT 29 YEARS,
OCC: SERVICE,
R/O KAMALPUR, HOSUR ONI,
DHARWAD 580 001.
85. SHRIPAD D GOGGI,
AGED ABOUT 64 YEARS,
OCC: SERVICE,
R/O DHIRENDRA KRUPA,
SATYABHODH SWAMY MATH,
SUNGAR ONI, HUBBALLI 580 020.
86. SANTOSH I MORABAD,
AGED ABOUT 44 YEARS,
OCC: SERVICE,
R/O HIG 01, H. NO.204,
GOKUL ROAD, HUBBALLI 580 023.
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87. ER KARAN AGARWAL,
AGED ABOUT 30 YEARS,
OCC: ENGINEER,
R/O SHIVAGANGA LAYOUT
KUSUGAL ROAD, KESHWAPUR,
HUBBALLI 580 023.
...PETITIONERS
(BY SRI. MONESH KUMAR K B.,ADVOCATE;
V.C.O DATED 20/01/2023, PETITIONERS No.6,8,12,14,19,
21,22,24,26,28 TO 31 & 33 ARE DELETED)
AND:
1. UNION OF INDIA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF ROAD TRANSPORT
AND HIGHWAYS TRANSPORT,
BHAVAN 1 SANSAR MARG,
NEW DELHI - 110 001.
2. UNION OF INDIA,
REPRESENTED BY ITS CHEF ENGINEER,
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
OFFICE OF CHIEF ENGINEER REGIONAL OFFICER,
No.32, 2ND FLOOR, KSCFL BUILDING,
D DEVARAJ URS ROAD, RACE COURSE ROAD,
BENGALURU - 560 001.
3. THE CHIEF ENGINEER,
NATIONAL HIGHWAYS, 2ND FLOOR,
PWD ANNEXE BUILDING,
K R CIRCLE, BRIGADE,
BENGALURU - 560 001.
4. THE EXECUTIVE ENGINEER,
NATIONAL HIGHWAY DIVISION ,
VISWESHWAR NAGAR, HUBBALLI - 5800032.
5. THE HUBBALLIL DHARWAD MAHANAGAR,
PALIKE HDMC HUBBALLI,
BY ITS COMMISSIONER.
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WP No. 4352 of 2022
6. THE HUBLI DHARWAD URBAN DEVELOPMENT,
AUTHORITY, NAVANAGAR, HUBBALLI -580 001.
BY ITS COMMISSIONER,
7. NATIONAL HIGHWAY AUTHORITY,
PUBLIC WORKS DEPARTMENT,
HUBLI DIVISION, HUBBALLI, MOHSIN BUILDING,
VISHWESHARANAGAR, HUBBALLI - 580 032.
8. CHIEF ENGINEER,
P W D DEPARTMENT,
2ND FLOOR, PWD ANNEXE BUILDING,
K R CIRCLE, BRIGADE ROAD,
BENGALURU - 560 001.
9. STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF PWD, VIKASA SOUDHA,
BENGALURU - 560 001.
10. THE DEPUTY COMMISSIONER,
OFFICE OF THE DEPUTY COMMISSIONER,
DHARWAD- 580 001.
...RESPONDENTS
(BY SRI.H SHANTHI BHUSHAN., DSG FOR R1 & R2;
SRI.PRASAD P., ADVOCATE FOR R4;
SMT.NILOUFER AKBAR., AGA FOR R9 & 10)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO A)ISSUE WRIT IN
THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE
WRIT, ORDER OR DIRECTION AND QUASH THE
IMPLEMENTATION OF PROJECT VIZ., CONSTRUCTION OF
ELEVATED CORRIDOR FROM KM 135.650 TO 136.450 ON NH
63, FROM KM 249.00 TO 250.050 ON NH4 AND FROM KM
193.800 TO 193.350 ON NH 218 FOR DECONGESTION TO
TRAFFIC AT RANI CHENNAMMA CIRCLE IN HUBLI CITY/TALUKA
IN THE STATE OF KARNATAKA ON EPC MODE AS PER
ANNEXURE-A AND B)GRANT SUCH OTHER ORDER.
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
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WP No. 4352 of 2022
ORDER
Petitioners claiming to be the public spirited citizens are invoking the PIL jurisdiction of this court with the following prayer:
"a) Issue writ in the nature of Certiorari or any other appropriate writ, order or direction and quash the implementation of project viz., "Construction of Elevated Corridor from Km 135.650 to 136.450 on N H 63, from Km 249.00 to 250.050 on N H 4 and from Km 193.800 to 193.350 on N H 218 for Decongestion to traffic at Rani Chennamma Circle in Hubli City/Taluka in the State of Karnataka on EPC mode as per Annexure-A in the interest of justice and equity"
2. Learned counsel appearing for the petitioners vehemently argues that the project in question if accomplished as designed would be "highly inconvenient"
to the public since it would increase the traffic congestion;
the whole project militates against the provisions of Indian Road Congress; the minimum required standards such as 30 metres Turning Radius, 25 metres Safe Stopping Site Distance, 2 metres Cycle Tracks, minimum width Foot Paths of 1.8 metres, minimum 7 metres breadth of Service Road, etc., would remain non-compliant. He draws our attention to the elaborate pleadings taken up in
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NC: 2023:KHC:34160-DB WP No. 4352 of 2022 this regard. So arguing he seeks for the voiding of the Project in question.
3. Learned DSG appearing for the Respondents Nos. 1 & 2, learned Panel Counsel appearing for Respondent No.3 & 4 and the learned Additional Government Advocate appearing for Respondent Nos. 7 to 10 oppose the writ petition making submission in support of the Project in question. A Counter Affidavit has been filed by one Mr. Narendra Sharma, Regional Officer, Ministry of Road Transport and Highways, Government of India refuting the petition averments. Learned DSG has also filed this day a memo along with upto date progress report of the project in question and contends that when the accomplishment of the project is half way through, this court may not entertain the petition.
4. Having heard the learned counsel for the parties and having perused the petition papers, we decline indulgence in the matter inasmuch as the construction project in question essentially relates to the domain of
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NC: 2023:KHC:34160-DB WP No. 4352 of 2022 Executive which will have the advantage of technology, feasibility and finance; courts by their very nature are ill- suited in deciding those factors, if called upon. The Apex Court in INDIRA NEHRU GANDHI vs. RAJNARAIN, (1975) 2 SCC 159 has identified the doctrine of separation of powers being an essential feature of our Constitution and therefore each of the State Organs has to show deference to the decisions of the other, unless breach of binding Rule of Conduct is demonstrated. Learned DSG is right in contending that the Judiciary cannot substitute its decisions for those of the Executive in matters like this, by their very nature.
5. It hardly needs to be stated that the population is growing exponentially and that growth has been posing several challenges to the Administration, one of them being in the realm of Traffic, Transport & Commutation. What construction project, where should be undertaken and what all factors the execution of such projects should involve, are all matters in respect of which courts cannot
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NC: 2023:KHC:34160-DB WP No. 4352 of 2022 undertake a deeper examination of the details. As already observed, they are ordinarily beyond the pale of judicial scrutiny, subject to all just exceptions into which argued case of the petitioners does not fit into. Added to this, the accomplishment of the project in question is already half way through as is reflected from the Executive Engineer's Report titled as "Updated physical and financial progress of Hubli elevated corridor as on 20th September, 2023.
Name Of Work: Construction Of Elevated Corridor From Km 135.650 To 136.300 On NH 63, From Km 249.00 To 250.050 On NH 4 And From Km 192.910 to 193.350 on NH 218 for Decongestion of Traffic at Rani Chennamma circle in Hubli city/ Taluk in the state of Karnataka on EPC Mode.
Progress Recorded As on 20/09/2023 S.N Description Amount in Rs. Percentage Remark 1 Tender Cost 1969900000 100% Including 12% GST 2 Financial 812883522 41.27% Including Progress Upto 12% GST Date 3 Physical Progress 43.55% As on Upto dated 20/09/2023
6. The vehement submission of learned counsel for the petitioners that the project as envisioned does not serve the avowed object does not much impress us and reasons for this are not far too seek: Firstly, we cannot
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NC: 2023:KHC:34160-DB WP No. 4352 of 2022 ignore the fact that the estimated cost of project in question is Rs.1,96,99,00,000-00 and such a huge project is finalized at the higher level of the Executive with all the expertise duly employed in framing it. It is not the case of petitioners that naïve personnel have finalized the project with no expertise in the field. Merely because some of the petitioners too have expertise in the matter arguably, they cannot arrogate to themselves all the wisdom & expertise and thereby brand the project in question as being unwise and not feasible. Even otherwise, those are not the grounds of judicial review. The report of the Executive Engineer demonstrates that as on 20.09.2023, the physical progress has happened to the extent of 43.55% and the State has incurred an expenditure of Rs.81,28,83,522-00 which works out to 41.27% of the financial outlay. The Apex Court in T.N.GODAVARMAN THIRUMULPAD vs. UOI, (2022) 4 SCC 289 at paragraph 19.1 has observed as under:
"The project involves a huge capital expenditure and stoppage of construction activities and consequent delay in completion of
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NC: 2023:KHC:34160-DB WP No. 4352 of 2022 the project would involve heavy financial implications owing to cost escalation, which would have a cascading effect on public exchequer".
Our interference at this stage of the construction would be prejudicial to the public interest and State Exchequer, as observed by the Apex Court.
7. The submission of learned counsel for the appellants that the project is being undertaken contrary to the prescription of the Indian Road Congress Code, is legally untenable; the Code is not shown to have been promulgated under any particular statute. The Apex Court in STATE OF MYSORE vs. FERNANDEZ, AIR 1967 SC 1753 has observed that the provisions of Karnataka PWD Code is nothing more than a compilation of Executive Instructions and that their breach does not give a justiceable cause of action. What applies to PWD Code would equally apply to the Indian Road Congress Code. At this stage learned DSG appearing for the UOI and the learned Panel Counsel appearing for the personnel executing the project submitted that all the norms obtaining in the field would
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NC: 2023:KHC:34160-DB WP No. 4352 of 2022 be scrupulously followed and no room would be given for the complaint of their violation. It is also open to the petitioners to bring to the notice of the concerned if there is any violation so that the appropriate remedial measures are taken for ensuring compliance. We have no reason to doubt this assurance.
In the above circumstances, this petition being devoid of merits is liable to be and accordingly dismissed, costs having been made easy.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE Snb/, List No.: 1 Sl No.: 11