The court emphasized the importance of genuine public interest litigation and issued guidelines for its maintenance.

ORDER

S.K. Gangele, J.

1. This public interest litigation has been filed seeking the relief that respondents No. 1 and 2 be directed to provide land for construction of a bypass at Gwalior city, which is necessary to connect two highways i.e. NH-3 and NH-75.

2. The Central Government had undertaken a project of national importance, named as 'North-South Corridor Project' connecting Kashmir to Kanyakumari. Under the aforesaid project a bypass at Gwalior city of which total stretch of road is 42.033 kms. connecting 103.00 kms of National Highway No. 3 to 16.00 kms on National Highway No. 75 was proposed to be constructed at a total cost of near about Rs. 300 crore. On the said stretch 95% road construction work has been completed and 1.215 kms of four-lane road has to be constructed at the land which is at present is of the ownership of defence department, situated at village Badagaon, district Gwalior.

3. A dispute is pending in regard to grant of the aforesaid land to the project since 1994. The project had to be completed by October 2009. However, a stretch of 1.215 kms of road could not be constructed due to non-availability of land, which is of the ownership of defence department. Due to the aforesaid act, the whole project has come to standstill and the work to connect North-South corridor could not be completed. It is unfortunate that two departments of the Union of India i.e. defence department and Ministry of Road Transport and Highways could not reach an amicable settlement to this effect up to now.

4. The Army Authorities had agreed to provide the land for the project under certain terms and conditions. The State Government and respondent No. 5, National Highways Authority of India have also agreed to accept the terms and conditions of Army Authorities. In spite of that the matter is pending for the last seven years. It is unfortunate and shows a single example in regard to lethargy of one department of Union of India by which an important project could not be completed. This episode also shows that in ground realities due to non-cooperation between the departments of the same Government, the economic progress of the country has been affected.

5. National Highways Authority of India wrote a letter on 16th July 2004 for grant of N.O.C. for National Highway Project. Then, Col. Administrative Commandant. Mr. Sunil Ahuja, recommended grant of N.O.C in regard to alternate proposal in red lines. The relevant noting in the letter dated 27th July 2004, Annexure P-1, are as under :

Ref. National Highways Authority of India letter No. NHAI/PIU/GWL/2004-2005/404I dated 16th July 2004 (Photocopy att).

2. National Highways Authority of India has requested this HQ for NOC for National Highways project.

3. Maj. Gen. Jogindwer Singh (Retd) Executive Director met with L. Col. K.K. Ohel, and discussed the case. He has given two proposals for alignment of Gwalior by pass. The National Highways Authority has fixed the proposal of two alignments. One in red line and the other is shown in green line.

4. The green line proposal cannot be recommended because Gwalior-Antri Dump is coming up in vill Bandholi. The alternative proposal of red line is passing outside Cantt. behind Vill Mohanpura and Vill Badagaon.

5. A Photostat copy of DEO Jabalpur letter No. Cent/PWD/Misc. dt. 04 May 2001 is att. Herewith for your necessary action.

6. It is recommended that NOC be issued, if approved.

7. This has the approval of the Stn Cdr. Please.

6. Thereafter, the Superintending Engineer (PIC) for Director General (Road Development) and Special Secretary, requested the Director General, Defence Estate, to transfer 60 meters width of lane to NHAI for construction of highway. The relevant noting in the letter, Annexure P-2, is as under :

As you know Kashmir to Kanyakumari is being liked by four lane National Highway under North-South corridor of NHDP which is scheduled to be completed by December 2007. For achieving the completion target the work of four laning is scheduled