The Patna High Court has observed that taking up a road construction and declaring it as a State Highway are all matters within the policy domain of the Government. Merely on the request of the locals or even the persuasion of the engineers, there can be no judicial orders passed to take up the specific road for construction, declare it as a State Highway and ensure its maintenance.
The Division Bench of Chief Justice K. Vinod Chandran and Justice Partha Sarthy disposed of a Public Interest Litigation (PIL) filed seeking direction to the Road Construction Department to take over the rural road starting from Bans Bigha Cross through GovindpurTelhara-Kovil to Islampur-Jehanabad from the Rural Work Department, Hilsa, and to maintain it in accordance with the yardsticks applicable to State Highways.
The petitioner contended that, considering the importance of the road, the local people took up the matter as early as in 2011.
The report of the Executive Engineer, Road Construction Department speaks of the length of the road being 15 kilometres with addition of 2 kilometres for providing connectivity.
It is also stated by the Executive Engineer that it would be in the public interest to take up the construction. The report of the Senior Project Engineer, which also speaks of a 200 metre bridge, which is essential for the people of the locality.
“Taking up a road construction and declaring it as a State Highway are all matters within the policy domain of the Government. Merely on the request of the locals or even the persuasion of the engineers, there can be no judicial orders passed to take up the specific road for construction, declare it as a State Highway and ensure its maintenance. The Government has to look at the balancing considerations and decide on the constructions to be taken up within the entire State”, the Bench observed while disposing of the PIL.