SAMAJ SUDHAR SAMITI HARKESH NAGAR Vs. DIRECTOR (WORKS)

JUDGEMENT

(1.) THIS intra-court appeal impugns the judgment dated 18.05.2012 of the learned Single Judge dismissing W.P.(C) No.5525/2012 preferred by the appellant. The said writ petition was filed challenging the then proposed closure of road / street leading from Maa Anandmai Marg to the colony of Harkesh Nagar.

(2.) THE respondents opposed the writ petition pleading that the 'road' was on the land of the respondent No.2 Indian Institute of Information Technology (IIIT) and since the campus of IIIT exists on both sides of the 'road', it disturbed the serenity of the campus and came in the way of best utilization of the land belonging to IIIT.

(3.) WE are unable to find any error in the reasoning of the learned Single Judge. The residents, for whose benefit the petition was filed have no right to insist on a road, particularly on land of another, as per their convenience, as long as they have alternate access, even if longer and narrower. (Reference may be made to Hero Vinoth Vs. Seshammal (2006) 5 SCC 545). Moreover, we are informed that the dismantling of the 'road' has already been affected by the respondents after the order of the learned Single Judge and the access through that 'road' already stands blocked.