C NAGARAJU Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, a retired Government servant and a senior citizen has filed the above public in-terest litigation complaining that the National highways and State Highways in the State of i karnataka are unsafe and unworthy for trav-elling. According to the petitioner even though the respondents-1, 2 and 4 are duty-bound to survey construct, develop and maintain the national Highways in the State of Karnataka, they neglect their duty. It is further complained that even though under Article 47 of the Constitution of India, State has a duty to raise the level of standard of living which includes a duty to provide safe road for worthy transportation, the respondents have disowned the said obligation and therefore, the petitioner seeks a writ of mandamus to direct the respondents to survey, construct, develop and maintain the National and State Highways and thereby save the lives and properties of the people of Karnataka and render the larger public good and promote economic justice in the State of Karnataka.

(2.) SRI. Aravind Kumar, learned Additional central Government Standing Counsel takes notice on behalf of respondents-1 and 2 and ms. Niloufer Akbar, learned Government advocate takes notice on behalf of respon-dents-3 and 4.

(3.) ACCORDING to the learned counsel for the respondents, for the development, construction and maintenance of the highways both National and State and to execute the same in accordance with law, a decision in this regard is being taken by the respective departments of the respective Governments taking into consideration the several factors such as the need of the locality, the condition of the existing highways, availability of allotment of the funds by the respective Governments etc. of course subject to the challenge made by the parties aggrieved by such action of the respective Governments.