IMPORTANT POINT
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.

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 However, to avoid any such report, the writ petition was withdrawn. Learned senior counsel further highlighted that it has been incorrectly projected that a new DPR has been prepared and now the new project does not involve acquisition of any private land and there is no technical flaw in the new project on the basis of what was raised for consideration in the writ petition. It is further submitted that the Urban Improvement Trust has later on transferred the project for its execution to Municipal Corporation, Udaipur, which also moved an application seeking prior approval. That application being D.B. Civil Misc. Application No.186/2024 was rejected by a coordinate Bench of this Court on 15.07.2024 on the basis that an order has already been passed on 05.12.2023.

3.1 On such submission, learned senior counsel prays that the earlier order dated 05.12.2023 may be recalled and the writ petitioners may be noticed and after hearing, appropriate order, as may be considered just and proper, may be passed.

4. We find that earlier when a public interest litigation was filed calling in question the construction of elevated road project in the city of Udaipur, seeking to challenge the same on certain technical aspects. True it is that in the writ petition initially order was passed on 03.10.2018 requiring the expert opinion on the project report, but there is nothing on record of the said case that any report was placed on record to say that the proposed elevated project was technically not feasible. There is no finding recorded that the project is liable to be dropped or modified. It, however, appears that as there was an interim order, which was operative for certain period and further on account of escalation in prices, the project no longer remained feasible and therefore, the statement came to be made before the Court that the NHAI is no longer proceeding with the project, which led to disposal of the writ petition. No finding was recorded one way or the other commenting upon the project. However, the Court had observed that prior approval may be necessary. The Urban Improvement Trust claimed that it has come with the project for construction of elevated road with certain new project. When that application was placed for consideration of this Court, this Court was inclined to dispose it off on 05.12.2023 recording that no prior approval would be necessary. This is because now the Urban Improvement Trust had undertaken the project for construction of elevated road. It is also on record at the instance of the applicant that the project now has been transferred by the Urban Improvement Trust to the Municipal Corporation and the Municipal Corporation would be undertaking the project. Though the Municipal Corporation by way of abundant caution again sought approval by filing an application, that came to be