M.A. SHAJAHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petition was filed in public interest mainly objecting the choice of alignment of the highway from Kollam to Kottarakkara and according to the petitioners the first alignment should have been chosen as against the second alignment suggested by the State Government, allegedly at the instance of the 8th respondent. The writ petition came up for hearing on 11th January, 2018, when recording the averments in the counter affidavit filed by respondents 5 and 6 and holding that the choice of the alignment, has been made with due application of mind by the experts in the field and in the absence of any mala fide being established, this Court will not be justified in interfering with the matter, the writ petition was rejected. It is this judgment which is sought to be reviewed by the writ petitioners and what they now seek is liberty to initiate fresh proceedings incorporating a challenge against Exts.P10 and P11.

(2.) We heard Counsel for the petitioners and the learned Counsel appearing for the respondents.

(3.) As we have already stated, the reason for rejection of the writ petition was that, according to this Court, in the matter of choice of alignment of a highway, the opinion of the experts has to prevail and in the absence of any mala fide being established, this Court exercising power under Article 226 of the Constitution of India, should keep its hands off the matter. In the light of such a reasoning, a fresh challenge against Exts.P10 and P11, which were also available before this Court when the writ petition was taken up for consideration, does not arise. In the light of the reasoning assigned in the judgment, we are not inclined to grant the liberty as prayed for.