J. B. PARDIWALA, J.

This writ petition under Art. 226 of the Constitution of India, in the nature of a Public Interest Litigation, has been filed by a resident of Kathlal and has prayed for the following reliefs :

(A) This Hon'ble Court may be pleased to issue a writ of mandamus or any other appropriate writ,• order or direction in the nature of mandamus directing respondent Nos. 1 and 2 to provide suitable underpasses and/or traffic circles at Chipadi Patia, Gogajipura, Pithai Sarali, Kathlal Microwave junction, A.P.M.C. Junction, Samod Talav area, Bhaner-Mahudha (narrow road) Baladmarg Talav area and Kokarwada, where the panchayat/village roads/nalls intersect National Highway No. 59 and Kathlal bypass near Kathlal; and also to provide service road on the southern side of Kathlal bypass;

(B) This Hon'ble Court may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus directing the respondent Nos. 1 and 2 to remove and relocate appropriately the pillar now being erected at the centre of Nadiad Kathlal - Kapadwanj - Modasa State Highway at road chainage km.. 251200 near Kathlal.

(C) Pending hearing and final disposal of this petition, this Hon'ble Court may be pleased to direct the respondent Nos. 1 and 2 to hold the work of N.H. 59 at Chipadi Patia, Gogajipura, Pithai Sarali, Kathlal Microwage junction A.P.M.C. Junction, Samod Talav area, Bhaner Mahudha (narrow road) Baladmarg Talav area and Khokarwada, where the panchayat/village roads intersect National Highway No. 59 and Kathal bypass near Kathlal for providing suitable underpasses and/or traffic circles;

(D) Be pleased to grant such other and further reliefs as may be deemed just and proper by this Hon'ble Court in the interest of justice.

2. The case made out by the petitioner in this petition may be summarized as under :

2.1. National Highway No. 59 (N.H. 59) extends from Ahmedabad to Indore via Godhra and Dhar. The work of construction of four-lane for Ahmedabad - Godhra Section of N.H. 59 from road chainage Km. 4.200 to 122.420 in the State of Gujarat has been taken up by the National Highway Authority of India (hereinafter referred to as "the Authority"). The work is being executed on design build finance operate and transfer basis. Near the Kathlal town, part of N.H. 59 is being constructed as a bypass road. Land belonging to a large number of farmers has been acquired by the Authority for construction of the Kathlal bypass road.

2.2. About 10 (ten) existing panchayat/village approach roads intersecting N.H. 59 at different places near Kathlal are being completely blocked, without making any alternate provision for access across the Highway to the people of the area. This action on the part of the authority will be causing not only inconvenience and immense hardship to thousands of villagers, but it will also make their daily life miserable. While making survey and project appraisal and at the time of preparing detailed estimate for the work, the concerned authorities, who acted on behalf of the authority, appears to have overlooked the needs and convenience of the people at the grass-root level. From the manner, in which the work of construction of the Highway and the bypass is being carried out, it is apparent that the very existence of the villagers, on both the sides of the Highway, has been totally ignored. The flaws in the planning and design is visibly demonstrated and it is evident from the fact that one of the pillars for construction of the over bridge across 'Nadiad-Kapadwanj-Modasa Railway line' and 'Nadiad-Kathlal-KapadwanjModasa State Highway' near Kathlal is erected exactly at the centre of the State Highway, without the consent and knowledge of the Roads and Buildings Department of the State of Gujarat.

2.3. The panchayat/village approach roads, which intersect N.H. 59 near Kathlal, are being used by the people past many years. These roads are their lifelines. Therefore, suitable underpass