The Division Bench of the Patna High Court, comprising Acting Chief Justice Chakradhari Sharan Singh and Justice Madhuresh Prasad in the case of Lavkush Anupam v. The State of Bihar & ors has dismissed the PIL for seeking direction to be issued to make requisition in terms of the Land Acquisition Law and the Rules for acquiring the land in terms of the proposal for the purpose of construction of the road.
The Counsel appearing for the respondents submitted that grievance has been raised for construction of a road which comes under the jurisdiction of the Rural Works Department and on which smooth communication is available.
The Counsel appearing for Rural Works Department have filed a separate counter affidavit and informed the Court that they have taken steps for construction and maintenance of a portion of the road and the detail project report under the Bihar Rural Road Maintenance Policy, 2018 has been prepared and forwarded for administrative approval.
The Court considered the submission of the counsels and observed that development of a road or road connectivity is an important facet of convenience for general public at large. The Government must be allowed to proceed with the matter for which administrative approval has been sought as per due priority of the road in-question having regard to various administrative and financial issues, which are essentially matters of executive policy.
Therefore, the Court closed the PIL and held that this is not a case where people are suffering due to any area being inaccessible.
Case Details
Case:- Civil Writ Jurisdiction Case No.1686 of 2023
Petitioner:- Lavkush Anupam
Respondent:- The State of Bihar& ors
Counsel for the Petitioner - Mr. Abhishek Kumar
Counsel for the Respondent – Mr. Amit Prakash
Judge: Acting Chief Justice Chakradhari Sharan Singh and Justice Madhuresh Prasad
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