Facts
The petitioner, owner of agricultural land in Survey No. 203, challenged the construction of a culvert under the Pradhan Mantri Gram Sadak Yojna in Village Lund, District Sheopur
Source reference: para. 4He alleged that while the sanctioned plan required the culvert to be built on Survey Nos. 192 and 193, it was illegally constructed on Survey No. 204, which he used to access his fields
Source reference: para. 4Procedural history shows conflicting reports: a Tehsildar’s report (2017) suggested the culvert was on No. 204 but did not affect the petitioner, while a Sub-Divisional Magistrate (SDM) Panchnama (2017) stated it was on the sanctioned Survey Nos. 192/193.
Source reference: para. 5, 6-7The petition was dismissed against the contractor (Respondent No. 6) in 2020 for non-compliance with a peremptory order
Source reference: para. 2, 16The road and culvert have been operational since 2017
Source reference: para. 9Issues
1. Whether the High Court, in the exercise of its writ jurisdiction under Article 226/227, should interfere with the technical alignment and alleged deviation of a public road project from its sanctioned plan.
Source reference: para. 12-132. Whether the petitioner established a violation of legal rights or mala fides sufficient to warrant the demolition and reconstruction of public infrastructure.
Source reference: para. 13, 21Law Applied
Courts are not equipped to decide the viability, feasibility, or particular alignment of highway projects, as these are the province of expert bodies
Source reference: para. 12Judicial review is limited to "rarest of rare cases" where the project is ex-facie contrary to law or tainted by proven mala fides
Source reference: para. 12This principle extends to state-level expert bodies like the M.P. Rural Road Development Authority (MPRRDA)
Source reference: para. 14-15Reasoning
The Court reasoned that the MPRRDA is a professionally managed expert body whose technical decisions regarding road alignment deserve judicial deference
Source reference: para. 14-15It noted that the petitioner failed to prove mala fides, especially since the petition against the contractor had already been dismissed
Source reference: para. 16Regarding the conflicting spot reports, the Court observed that Survey No. 204 is government-owned land, just like the sanctioned sites
Source reference: para. 17the petitioner chose not to participate in the SDM’s spot inspection despite receiving notice
Source reference: para. 18The Court emphasized that even if a deviation occurred, it did not infringe upon the petitioner's rights as his private land (No. 203) remained unaffected, and no other villagers objected to the construction
Source reference: para. 19, 21Given that the infrastructure had been operational since 2017, the Court found no justification for interference
Source reference: para. 22Holding
The Court held that the petition was bereft of merit as the petitioner failed to establish any mala fides or substantial injury to his rights that would outweigh the public interest of the existing road
The High Court declined to interfere with the expert body's execution of the project and dismissed the writ petition
Source reference: para. 22Original Court PDF
Dharam SinghvsThe State Of Madhya Pradesh
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