Karnataka High Court Dismisses PIL To Stop Bypass Construction, Says Road Planning Falls In Realm Of Executive

The Karnataka High Court has dismissed a PIL seeking directions to stop further process for construction of a bypass road connected to National Highway- 367.

A division bench of Chief Justice N V Anjaria and Justice Krishna S Dixit said,

“Not only the project of laying roads cannot be arrested as it would be against the public interest, the directions of the kind and nature prayed for by the petitioners are not liable to be granted since they are the functions falling within the realm of the Executive.”

Petitioners contended that Union Road Ministry had four bypass options but it chose the one which passes through agricultural tube-wells and travels through the middle of agricultural lands.

The bench however noted that planning out road, its width and length, deciding its layout and the alignment, and the entire design of the road, etc. are the areas to be addressed by the Executive.

It thus rejected the petition observing that PIL jurisdiction is not a pill for all wrongs and thus, where the field and functions are that of Executive, it will not be justified to interfere unless there exists strong reasons.

“The public interest litigation has its own purpose to achieve and cannot be used as a tool to substitute or take control of the executive functions. The Court cannot take upon itself the task of statutory or executive authorities in the name of exercising public interest jurisdiction...Exercise of public interest jurisdiction by the Court does not extend to all categories of cases, this jurisdiction could be invoked only in such cases where the relief is connected with the weaker or downtrodden segment of the society, more particularly to operate in the areas where the facets and forms of human rights or basic rights are found to have been violated and corrective actions are required on,” Court observed while dismissing the plea.

Appearance: Senior Advocate Padmanabha V Mahale a/w Advocate Bhanu Prakash H V for Petitioners.

AGA Niloufer Akbar for R2, 5 & 6.

Deputy Solicitor General H.Shanthi Bhushan For 1, 3 & 9.

Citation No: 2024 LiveLaw (Kar) 191

Case Title: Iranna & ANR AND Union of India & Others

Case No: WRIT PETITION NO. 5201 OF 2024

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