ROSY VARGHESE, W/O.VARGHESE vs KARUKUTTY GRAMA PANCHAYAT

The petitioner is aggrieved with the construction of a "bus

waiting shed" said to be carried on in front of the property of the

petitioner''s daughter and husband, who are residing abroad.

The petitioner''s contentions against the bus shelter are

many fold. The petitioner alleges that it causes obstruction to the

ingress and egress; to the property of the petitioner''s daughter. It is

also argued that the construction is unnecessary and it is a wasteful

expenditure of public money. There is also a contention that for

widening the road an extent of the property of the petitioner''s daughter

was acquired and the Panchayat could very well construct the waiting

shed in that property. Yet another contention raised was that there

was no No Objection Certificate [for brevity "NOC"] obtained from the

National Highway Authority of India [for brevity "NHAI"].

The President of the Residents'' Association in the area

in question has got himself impleaded as additional respondent No.3.

The respondent-Panchayat has filed a counter

affidavit, in which Exhibit R1(a) NOC of the NHAI is produced. The

Panchayat has also produced Exhibit R1(b), minutes of the

Panchayat Committee, which indicates that the bus shelter was

constructed at the aegis of the Panchayat; but, however, the

expenditure borne by the Residents'' Association. Both the said

allegations of the petitioner falls to the ground.

The President of the Residents'' Association affirms

the contention of the Panchayat and submits that a bus shelter is

very necessary in the locality. A photograph of the petitioner''s

daughter''s property and the bus shelter is produced along with the

affidavit filed in support of the application for impleading of the

Residents'' Association. It is seen that a structure has already come

up and it does not in any manner interfere with the ingress and

egress into the property; in front of which the bus shelter is

situated. The objections raised by the petitioner, hence, cannot be

sustained. The contention that the bus shelter should be

constructed in the property acquired from the petitioner''s daughter

and husband, also is unsustainable. The land having been

acquired by the NHAI, it is for the NHAI to decide as to how the

land is to be utilised. This Court does not find any reason to

interfere with the action of the Panchayat.

The writ petition would stand dismissed. No costs.