Court No. - 32
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 98 of 2019 Petitioner :- Vinay Kumar And 3 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Vishnu Murti Tripathi Counsel for Respondent :- C.S.C.,Neeraj Kumar Dwivedi
Hon'ble Shashi Kant Gupta,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard the learned counsel for the parties and perused the record.
This writ petition has been filed for issuing a writ of mandamus directing the respondents to widen the National Highway from Kokhraj till Mooratganj Bazar evenly in accordance with law.
Learned Standing Counsel appearing on behalf of the State Respondents while handing over a copy of the report dated 18.1.2019, sent by the Executive Engineer, Prantiya Khand, P.W.D., Kaushambi, submits that in the said report it has been stated that widening of Muratganj Bazar Road was done using the land recorded in the revenue record keeping in mind the alignment. There was no provision for acquiring the land for the purpose of widening the road. In Muratganj Bazar, from the Middle of the road on both sides, 8.75 meter wide road construction was done according to the approved plan.
The report further reveals that in Muratganj Bazar, from Palhana turn till Muratganj tiraha (trisection),which is about 100 meter long, from the middle of the road, land on both sides, as shown in the revenue record has been utilised as there was no provisions for acquiring any additional/private land for the construction of the said road. On the left side of Muratganj Bazar, two lanes' construction work of 8.75 meter wide road has already been done and on the right side, the road construction work having width of 8.75 meter is in progress. From Kokhraj via Muratganj till Puramufti, the four- lanes construction work is being done according to approved width of the said road. He further submitted that since the land recorded in the revenue record was sufficient for widening the road, there was no requirement for acquiring any private/ additional land.
In view of the above, we do not see any justification to interfere in the matter.
This writ petition is accordingly dismissed.
Order Date :- 22.1.2019 MLK