Allahabad High Court
Moti Lal Yadav vs Union Of India Thru. Secy. Ministry Of ... on 23 December, 2022
Bench: Devendra Kumar Upadhyaya, Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 2 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 951 of 2022 Petitioner :- Moti Lal Yadav Respondent :- Union Of India Thru. Secy. Ministry Of Rord Transport National Highways Auth. And 5 Others Counsel for Petitioner :- In Person Counsel for Respondent :- A.S.G.I.,C.S.C.,Ratnesh Chandra,Sarvesh Kumar Dubey Hon'ble Devendra Kumar Upadhyaya,J.
Hon'ble Saurabh Lavania,J.
Heard Sri Moti Lal Yadav, a practicing lawyer of this Court who has instituted the proceedings of this Public Interest Litigation seeking a direction to the respondents to complete the construction of 'Outer Ring Road' in Lucknow in some time bound manner to be framed by this Court.
The petitioner had earlier approached this Court with the similar prayer by instituting Public Interest Litigation Civil No.18641 of 2020. A Coordinate Bench of this Court after hearing the petitioner had observed that in the facts and circumstances, the case espoused in Public Interest Litigation Civil No.18641 of 2020 was not such where the Court should exercise its discretionary jurisdiction and issue an absolute direction for the completion of the project. The Court while disposing of the said petition had expected the authorities that they shall take all possible measures for the completion of construction of the road within some stipulated time.
It has been informed by the petitioner that even after the Court expressed its hope for completion of the construction of road in question about two years ago, the construction of the road has yet not been completed.
We can appreciate the concern raised by the petitioner in this petition and timely completion of such a project will go a long way in mitigating the every day problem of congestion of traffic in the city. However, direction being sought by the petitioner, though it appears to be desirable, however, in exercise of our jurisdiction under Article 226 of the Constitution of India, it cannot be issued. The reason for us for not entertaining this petition is that any developmental project is to be completed within the resources available with the State authorities and such matters essentially lie in the domain of the Executive.
Accordingly, while reiterating our expectation as already observed in the earlier order of this Court dated 02.11.2020, we dispose of this petition with the hope that the authorities concerned shall take appropriate steps so that the road in question is completed as early as possible.
Order Date :- 23.12.2022 Sanjay