RAJKUMAR JALAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The present public interest litigation has been filed for issuance of a writ of Mandamus for releasing necessary funds for repairing the National Highways No. 38 and 52 connecting Tinsukia District on the ground that these National Highways are the main feeder-lines for transporting goods and passengers in the State of Assam.

(2.) We have heard Mr. Gautam Uzir, learned counsel appearing for the petitioner, assisted by Mr. Santanu Bhattacharyya; Mr. B.P. Bora, learned Senior Government Advocate, Assam, appearing for the State- respondents and Mr. K.N. Choudhury, learned Senior Central Government Standing Counsel appearing for the Ministry of Surface Transport, Govt. of India.

(3.) This case was heard on earlier occasions and at the first instance, the Commissioner & Special Secretary to the Government of Assam in the department of Public Works was asked to file his affidavit and from his affidavit it was clear that the maintenance of the-vital National Highways in the State of Assam was not being undertaken due to paucity of funds and non- releasing of funds which had been allocated by the Central Government for being spent for the maintenance, repairing and construction of the National Highways as under Constitution responsibility to maintain the National Highways is of the Central Government and a Central Act has also been existing for the purpose of discharging that duty by the Central Government, i.e., the National Highways Act.