VIKRAMAJIT SEN, J.

( 1 ) NORMALLY, the Courts are loathe in interfering with Policies devised by the Government unless it is wholly reasonable in the Wednesbury sense and/or it violates the equality principles set down in Article 14 of the Constitution or any fundamental rights. In Balco Employees Union (Regd.) vs. Union of India, (2002) 2 SCC 333 it has been held that -- 45. In Narmada Bachao Andolan v. Union of India there was a challenge to the validity of the establishment of a large dam. It was held by the majority at p. 762 as follows : (SCC para 229)"229. It is now well settled that the courts, in the exercise of their jurisdiction, will not transgress into the field of policy decision. Whether to have an infrastructural project or not and what is the type of project to be undertaken and how it has to be executed, are part of policy-making process and the courts are ill-equipped to adjudicate on a policy decision so undertaken. The court, no doubt, has a duty to see that in the undertaking of a decision, no law is violated and people s fundamental rights are not transgressed upon except to the extent permissible under the Constitution". 46. It is evident from the above that

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