IRANNA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned Senior Advocate Mr.Padmanabha V.Mahale with learned advocate Mr.H.V.Bhanu Prakash for the petitioners, learned Additional Government Advocate Ms.Niloufer Akbar for respondent No.2-the State and its authorities-respondent Nos.5 and 6 and learned Deputy Solicitor General of India Mr.H.Shanthi Bhushan for respondent Nos.1, 3 and 9.

(2.) The present petition filed by two private individuals- petitioners herein, is the invocation of public interest jurisdiction of this Court.

(3.) What is prayed in the petition is to direct the authorities to take steps to stop the further process of road construction. The petitioners are aggrieved by construction of bypass option No.4. The road is being constructed upon clearance of the Government of India, Ministry of Road Transport and Highways. It is the bypass road related to National Highway NH-367 which widens the two-lane with paved shoulder from 10.00 km. to 33.00 km. from Bhanapura village to Gaddanakeri Sec. -NH367 of Bagalkot. 3.1 The petitioners are the residents of Yelburga. Their grievance is that in the Notification dtd. 3/2/2023 issued by the Ministry regarding construction of the said road, four bypass options were planned out. It is the case that option Nos.1 and 3 are out of central point of Yalburga city. However, the National Highway Authority has selected bypass option No.4. 3.2 According to the petitioners because of selection of such option, the road passes through the agricultural tube-wells and travels through the middle of agricultural lands with water wells, etc. It is contended that the bypass alignment is wrongly planned out and is contrary to the guidelines in the subject. 3.3 On the premise of the above basic pleadings, in addition to seeking prayer for stopping of construction of the road, it is further prayed to require the authorities to adopt option No.4 for laying down the Yalburga bypass road. It is claimed that thereby only the rights of the pedestrians, general public and the users of the road could be preserved.