O R D E R

(31/01/2017) Petitioner, claiming to be a public spirited person and a resident of Village Shiladehi, Gram Panchayat-Jam, Janpad Panchayat-Multai District-Betul, has filed this writ petition in public interest and grievance of the petitioner is that a road was sanctioned for being developed and constructed under the "Pradhan Mantri Gram Sadak Yojna", and initially, the proposal was made for construction of a road to directly connect four villages, namely, Dhob, Dobari, Jaam & Shiladehi and now at the influence of political persons the alignment of the road has been changed and construction is being undertaken through a different area.

2. Inter-alia contending that after a local member of the parliament, an MLA and Presidents of Zila Panchayat, Betul & Janpad Panchayat Multai conducted Bhoomi Pooja as per the original plan, now on political consideration, this is being changed, this writ petition has been filed in public interest.

3. Shri Swapnil Ganguly, learned Government Advocate raises a preliminary objection with regard to maintainability of the writ petition and argues that construction of a road under the Pradhan Mantri Gram Sadak Yojna is not a statutory requirement, the scheme in question, under which, the road is to be constructed is a non-statutory scheme and in the matter of violation of the non-statutory scheme, the writ court cannot interfere into the matter and issue mandamus.

4. Having heard learned counsel for the parties and on consideration of the scheme in question, we find that construction of the road in question has been undertaken based on the executive scheme by the administrative authorities and once the scheme in question is a non- statutory scheme, the question of construction of a road, the manner in which the road is to be constructed and the alignment or the area through which the road should go is an executive decision undertaken by the administrative authorities after considering various aspects and if the original plan for construction of a road through a particular village has been changed, in the absence of any statutory, rule or regulation being violated, merely because it is not to the liking or benefit to the petitioner or the interest of some of the villagers, a writ court cannot interfere into the matter.

5. These are all administrative and executive decision taken by the competent authority on consultation with the public representatives, a Writ Court is not required to interfere into such matters. It is for the petitioner to take up an issue with the competent authority of the State Government and it is for the State Government to look into the grievance of the petitioner. As the scheme in question is a non-statutory scheme and is not controlled by statutory provision, we see no reason to make any indulgence into the matter.

6. Granting liberty to the petitioner to take up the issue with the competent authority of the State Government, we dispose of this writ petition.

7. With the aforesaid liberty, this petition stands disposed of. (RAJENDRA MENON) ACTING CHIEF JUSTICE (SMT. ANJULI PALO) JUDGE nd