M.K. SALIM Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner, who appeared in person, brought to our notice Exhibit P4 letter dated 27.12.2010 to contend that everything is ready, but only the National Highway Authority is delaying the construction of two -lane Kollam Bypass, including the balance works with project cost of Rs. 153 crores. As a matter of fact, reading of paragraph 2 of Exhibit P4 letter, it only says Ministry of Road Transport & Highways India has given in principle approval for construction of two -lane Kollam Bypass. If it is given in principle, by the time it actually becomes a reality, there has to be several executive orders handing over the project work to the National Highway Authority. Even otherwise, learned Standing Counsel appearing for the National Highway Authority submits, subsequent to the letter dated 27.12.2010, the State Government had requested for four -lane Kollam Bypass in the place of two -lane Kollam Bypass. Therefore, again an estimate of the actual project was submitted, which was pending consideration before the Central Government. Once an approval is given and the project is handed over to the National Highway Authority, then the National Highway Authority will be able to take up the work. However, the petitioner pleads ignorance of the Government regarding the change of two -lane to four -lane of Kollam Bypass. Learned Government Pleader submits that as per their request for four -lane Kollam Bypass, the Central Government has to approve the project and if the approval is given, the National Highway Authority would be entrusted with the work to execute the project.

(2.) LEARNED Central Government Standing Counsel submits that they have not even filed counter affidavit, as the Ministry concerned has sought for two months time to file counter affidavit after studying the revised project submitted by National Highway Authority. In the above circumstances, what has to be done is whether the relief sought in the Writ Petition to complete the two -lane Kollam Bypass is to be granted based upon the communication between persons who are not parties to the present case or the revised proposal of four -lane Kollam Bypass has to be approved. The fact remains, a bypass has to come at Kollam whether it is two -lane or four -lane is left to the party who has to grant approval, i.e., the Central Government. As the matter is pending since 2010 onwards and the length of bypass seems to be a short distance of about 6 km road, we are of the opinion, whether they put up two -lane bypass or four -lane bypass, it has to come so as to redress the grievance of the public at large.