Public authorities have a duty to initiate infrastructure development when justified, especially in public interest cases.

CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE)

5 15-12-2025 Heard learned counsel for the parties.

2. Following is the relief prayed for in the present writ application filed in the form of a Public Interest Litigation :-

"That this is an application in the nature of Public Interest Litigation (P.I.L.) for issuance of an appropriate writ(s), order(s) or direction(s) for quashing the order dated 18/04/2024 issued vide Memo no. 1993 by the Respondent no. 2 by which the Respondent no. 2 has rejected the representation dated 27/2/2024 filed on the basis of order dated 15/02/24 passed in M.J.C. No. 1000/23 in respect of construction of road between Primary School, Mangolpur to the village- Mangolpur (i.e. nearly 300 meter long) since there is no BASAWAT meaning thereby there is no population and further direct the respondents to connect the Primary School, Mangolpur to the village Mangolpur by constructing a Pucca Road."

3. From perusal of the records, it is apparent that the school in question has been in existence for a considerable period of time and is presently without any approach road.

4. A counter affidavit has been filed on behalf of Respondent Nos. 3 to 7, paragraph 9 of which reads as under :-

"9. That pursuant to the aforesaid letter, the present respondent department without going into the departmental rural and regulation took a conscious decision to construct the road between Primary School, Mangolpur to the village-Mangolpur (i.e. nearly 300 meter long) for which the Engineer-in-chief, Rural Works Department, Govt. of Bihar vide his letter no. 4862 dated 27.04.2024 has issued direction to the Executive Engineer, Rural Works Department, Works Division, Buxar to obtain the Technical approval of the DPR competent authority and make available the same to the department within 10 days so that the further process may be initiated for

5. Considering the statements made in the counter affidavit, it is evident that the respondent authorities have already initiated proceedings for land acquisition for construction of a road connecting the Primary School, Mangolpur to village Mangolpur.

6. In view of the above, it is expected that the concerned authorities shall take all necessary steps to complete the land acquisition proceedings and ensure construction of the approach road to the school within a period of six months. It is further expected that the local residents shall extend full cooperation in the land acquisition process.

7. With the aforementioned observations, the writ application stands disposed of.

8. Pending application(s), if any, shall stand disposed of.