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Gauhati High Court closes PIL for road under bridge

The Gauhati High Court closed a Public Interest Litigation (PIL) filed by the petitioner with a prayer to issue a direction to the respondent authorities to construct road under bridge (RUB) at the crossing point between Rupasibari and Chargola at Railway chainage 195/4-5 (new pillar No.179/5-5) in Badarpur Karimganj railway section on village road which is connected to NH 44 in public interest.

Counter affidavit has been filed on behalf of the State wherein it is stated that as a matter of fact, there is no need to construct RUB as demanded by the petitioner since there are alternative roads available to the petitioner as well as fellow villagers for commuting. 

It is also submitted that three roads are going to be constructed for which fund has also been sanctioned and that will cater the need of the residents of the area.   

Having heard the counsel for the parties and after going through the material available on record, we are of the view that as regards the construction of RUB and other infrastructure facilities for the public is concerned, the authorities are the best judge and they can take a suitable decision looking to the need of the people of the area. 

The Division Bench of Chief Justice Vijay Bishnoi and Justice Suman Shyam hoped and trusted that the authorities concerned shall take every possible measure to cater the need of the people of the area as ventilated in this PIL petition.

However, if the petitioner or other villagers still remain aggrieved, the Court granted  liberty to approach the concerned authorities either in the State Government or in the Northeast Frontier Railway by filing representation ventilating their grievances.

 It is expected that if any such representation is filed on behalf of the petitioner or other affected persons, their representation shall be considered objectively and shall be decided within a period of six weeks from the date of receipt of the representation, the Court directed.

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