The main legal point established in the judgment is the limited scope of judicial review in matters of infrastructure projects, emphasizing the expertise of NHAI in highway development and maintenance.

JUDGMENT

Vinod S. Bhardwaj, J. (Oral) - The present writ petition has been filed under Articles 226/227 of the Constitution of India, seeking issuance of a writ in the nature of mandamus directing the respondents - NHAI to provide an underpass access (hereinafter referred to as UPA) for ingress and egress for the residents of village Sahnewal Khurd which is situated on both sides of the National Highway No.1 and that similar UPAs' have already been provided to other villages namely Nandpur, Rajgarh and Kanech.

2. Briefly summarized, the facts of the case are that the petitioners who are residents of village Sahnewal Khurd, have approached this Court contending that the respondent - NHAI has undertaken the work of widening of the National Highways and accordingly, the bridges and flyovers have been constructed. The village of the petitioners i.e. Sahnewal Khurd is situated between the towns Sahnewal and Doraha of District Ludhiana on NH-1. As a result of the bridges/flyover constructed, the abadi of village Sahnewal Khurd is now divided on both sides of the National Highway. Resultantly, people have to travel on either sides of the Highway on daily basis. He contends that there is a continuous flow of traffic on the main highway whereas slow carriage way is required to be used by the residents of the village and in the absence of any access to go to the other side, the residents are inclined to crossover the highway and thus, endangering their lives and that of the commuters as well.

3. It is further averred that one vehicular underpass has been provided one kilometer away from the village and that it is difficult for residents to cross the Highway for their everyday routine works. It is further averred that the UPAs have been constructed by the NHAI for inhabitants of village Rajgarh, Kanech and Bilga. The footover bridge was also constructed to approach the Gurudwara Attar Sahib on the G.T. Road towards the side of Doraha, however, the said footover bridge is neither feasible nor practicable since old age persons cannot use the footover bridge for reaching on the other side. Various other aspects highlighting the difficulties faced by the residents were also referred.

4. Reply on behalf of respondent No.2 and 4 - NHAI have also been filed on 12.7.2017, however, no rejoinder to the said written statement has been filed.

5. Learned counsel appearing on behalf of the petitioner has reiterated the averments contained in the writ petition and submits that the NHAI was required to consider the hardships and difficulties faced by the residents of village Sahnewal Khurd and to provide an UPA access for the residents of the adjacent villages. He further contends that the foot over bridge is neither a feasible nor practical remedy for approach by the residents of the villages who have to now travel one kilometer away to reach on the other side since the village abadi has now been bifurcated on both sides of the National Highway and people would have to commute on either side on daily basis.

6. Per contra, the respondents - NHAI has submitted in its response as under:-

'2. That at the very outset, it is submitted that the petitioners have not approached this Hon'ble Court with clean hands as petitioners have suppressed true and material facts which are essential for the just and proper decision of the matter in question. It is relevant to mention here that the residents of Sahnewal Khurd had earlier made similar representations, addressed to then Chairman, NHAI, Sh. C.P. Joshi requesting for construction of a VUP at km 299+950. In this regard, office of independent Engineer had submitted the report vide letter no BQ234/IC-PJ/NH-1/AMB/2012/4879 dated 19.05.2012, wherein it was stated that construction of additional VUP at 299.50 is not technically feasible, keeping in view, the already existing/proposed 7 number of structures i.e. flyover,