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Judgment
7 paragraphs · 342 wordsGautam Kumar Choudhary, J
This writ petition has been filed for a direction to the respondent authorities to expedite the process of road widening of SH 10 (connected to Jublee Chowk with NH 75) from Latehar to Herhanj in the light of preliminary notification being notification no.87 dated 27.02.2020 under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
It is submitted by the learned counsel that there has been an inordinate delay of 10 years in completion of road widening which resulted in delay in expeditious disposal of claims and also in the construction of road.
It is contended that approximately 400 meters of narrow stretch in SH 10 appertaining to the concerned five plots of land, that is sometimes limited to only seven feet in a few places on the road, despite having been earmarked for acquisition has caused serious disturbance, inconvenience and hardships to all members of society resulting in chaotic incidents on various occasions.
It is argued that despite the notification being issued on 27.02.2020, the progress of widening is extremely tard causing to all concerned. Newspaper reports have annexed to show obstruction to the acquisition process being made by some private occupants/owners of the building which were notified in 2014 for acquisition.
From the relief sought for and the ground on which this writ petition has been filed it partakes the nature of a public interest litigation, as it has nowhere been cited how the individual right of the petitioner to the exclusion of public right has been has been infringed because of the delay in construction and widening of the road. In any case, the delay in road widening is a matter which will affect the public at large and not only this petitioner. Further, a writ of mandamus cannot be issued to enforce or not to enforce a direction, which has no statutory force.
Under the circumstance, the instant writ petition stands dismissed. Interlocutory Application, if any, is disposed of.