IMPORTANT POINT
The court established that the needs of the public at large may outweigh local interests, particularly in the context of national infrastructure projects, and that existing provisions can suffice to meet access needs without compromising safety.

JUDGMENT :

(Syam Kumar V.M., J.) :

Apprehending that a stretch of the Six Lane National Highway No.66 (NH66), an arterial road connecting Panvel in Maharashtra to Kanyakumari in Tamil Nadu, while it passes through the neighbourhood of the appellants, might cut off their access to the utilities and institutions situated on the other side of the road, appellants who are residents of Marakkara Grama Panchayat in Malappuram District had filed W.P.(C) No.31606 of 2023 inter alia seeking a direction to the respondents to construct a Vehicular Underpass at a specified chainage so as to enable convenient access to both sides of NH 66.

2. The learned Single Judge, after an anxious consideration of the contentions put forth, dismissed the Writ Petition inter alia holding that since a Vehicular Underpass, accessible by making a slight detour of 369 meters has already been put up close to the appellants' neighbourhood thus ensuring a comparably convenient access to both sides of NH 66, the apprehension harboured by the appellants does not subsist any longer. The learned Single Judge further reasoned that when questions requiring technical expertise like the one raised in the W.P.(C) comes up, courts have always deemed it safer not to supplant its opinion over that of the experts. Aggrieved by the said Judgment dated 09.04.2024 in W.P.(C) No.31606 of 2023, this Writ Appeal is filed by the appellants.

3. We have heard Sri.K.M.Sathyanatha Menon, learned counsel appearing on behalf of the appellants and Smt.Mini Gopinath, learned CGC and the Standing Counsel appearing on behalf of respondents 1 and 3 to 5 as well as the Government Pleader appearing on behalf of the 2nd respondent.

4. The learned counsel for the appellants vehemently contended that many of the facilities and buildings including Randathani Market, G.U.P.School, Rahmania English School, Akshaya Janasevana Kendram, Saw Mill, Co-operative Bank, ATMs, Hospitals, Mosques, burial grounds etc. to which the general public were formerly having easy access from Kalpakanchery and Marakkara Panchayats would now be effectively cut off with the construction of the new six lane NH66. He submits that though a vehicular underpass (VUP) has been provided for at chainage 290.940 and a vehicular overpass (VOP) has been provided for at chainage 292.660 between a distance of 1.8 Kms., the same do not facilitate the easy movement of people across NH66 as before. The inconvenience caused to the appellants and to the general public could have been averted by constructing a vehicular underpass either at chainage 291.475 wherein the PWD road intersects with the National Highway or at 291.700 where the market road intersects with the National Highway or at 291.309 in NH66 at Randathani, submits the learned counsel. He seeks to buttress this point by pointing to the Manual of Specifications and Standards for Six Laning of Highways which is produced along with the W.P.(C) as Ext.P1, relevant clauses whereof mandate that an underpass has to be provided if schools, hospitals or industries are situated within a distance of 200 mtrs. The appellants thus contended that it was obligatory on the part of the NH authorities to provide a VUP at any of the chainages suggested by them.

5. Per contra the learned Standing Counsel appearing for respondents 1 and 3 to 5 pointing to the statement dated 26.10.2023 filed by the said respondents in the W.P.(C) submits that a VUP with a vent size of (1x15x5.50) has already been constructed at Km. 290+940 and that the same is only 260 mtrs. from the location requested by the appellants. It is also submitted that in addition thereto, another VOP has been provided at Km. 292+600 which is only 1.3 Km from the requested location. The learned counsel submits that connections to both Kalpakanchery and Marakkara Panchayats exist through the provision of service roads on both sides and that at present the public are utilising the VOP for the purpose of crossing over from one side to anot