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MANINDRA MOHAN SHRIVASTAVA, MUNNURI LAXMAN
Jamna Shankar Dave S/o Jai Shankar Dave – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
1. Heard.
2. Prayer for recall of the order dated 05.12.2023 passed by this Court in D.B. Civil Misc. Application No.159/2023 is made mainly on the submission that the order was passed in the application filed by the Urban Improvement Trust, Udaipur seeking prior approval of the Court pursuant to order dated 12.12.2018 passed in D.B. Civil Writ Petition (PIL) No.6801/2018, without issuing notice or affording opportunity of hearing to the writ petitioners in the public interest litigation.
3. It is submitted by learned senior counsel for the applicant that the Urban Improvement Trust misled the Court by citing picture as if now a different project was conceived for construction of elevated road, whereas the new project is practically one and the same project as was under consideration of the Court under public interest litigation. He would submit that earlier, during the course of hearing, this Court formed an opinion that it is necessary to obtain the report of the expert body in view of the allegations made in the petition that the proposed construction of elevated road across the city was against the norms of Indian Road Congress. However, to avoid any such report, the writ
The court upheld the order for the elevated road project, emphasizing public interest and the necessity of expert evaluation over personal interests in public interest litigations.
Judiciary should respect executive decisions in public projects unless there is a clear breach of law or constitutional principle.
The court established that a project classified as a link road connecting existing highways does not constitute a new State Highway under the Tamil Nadu Highways Act, 2001, and therefore does not req....
The High Court emphasized its limited supervisory jurisdiction under Article 227, affirming that intervention is only warranted in cases of clear injustice, and upheld that the petitioner failed to s....
A completed public project renders the associated writ petition moot as the primary issue has been resolved.
The court emphasized that public interest in access to a completed public road outweighs private claims, disallowing obstruction based on width specifications set by plaintiffs.
Public authorities have a duty to initiate infrastructure development when justified, especially in public interest cases.
The court affirmed that once a public interest litigation seeks completion, the presentation of completion certificates negates the need for further orders.
Courts have to weigh the public interest vis-a-vis the private interest while exercising the power under Article 226 indeed any of their discretionary powers.
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