ABDUL RAZAK Vs. UNION OF INDIA

JUDGEMENT

(1.) Apprehending that a stretch of the Six Lane National Highway No.66 (NH66), an arterial road connecting Panvel in Maharashtra to Kanyakumari in Tamil Nadu, while it passes through the neighbourhood of the appellants, might cut off their access to the utilities and institutions situated on the other side of the road, appellants who are residents of Marakkara Grama Panchayat in Malappuram District had filed W.P.(C) No.31606 of 2023 inter alia seeking a direction to the respondents to construct a Vehicular Underpass at a specified chainage so as to enable convenient access to both sides of NH 66.

(2.) The learned Single Judge, after an anxious consideration of the contentions put forth, dismissed the Writ Petition inter alia holding that since a Vehicular Underpass, accessible by making a slight detour of 369 meters has already been put up close to the appellants' neighbourhood thus ensuring a comparably convenient access to both sides of NH 66, the apprehension harboured by the appellants does not subsist any longer. The learned Single Judge further reasoned that when questions requiring technical expertise like the one raised in the W.P.(C) comes up, courts have always deemed it safer not to supplant its opinion over that of the experts. Aggrieved by the said Judgment dtd. 9/4/2024 in W.P.(C) No.31606 of 2023, this Writ Appeal is filed by the appellants.

(3.) We have heard Sri.K.M.Sathyanatha Menon, learned counsel appearing on behalf of the appellants and Smt.Mini Gopinath, learned CGC and the Standing Counsel appearing on behalf of respondents 1 and 3 to 5 as well as the Government Pleader appearing on behalf of the 2nd respondent.