The Madhya Pradesh High Court has dismissed a PIL seeking directions to the authorities to make ‘Pacca Road’ in place of the present Kachcha Road from village Ahir Tola to Chitrakoot Nain Road falling in Gram Panchayat, Rampur Chorasi by making asphaltisation (Damarikaran) on the same.
The Division Bench of Chief Justice Ravi Malimath and Justice Vishal Mishra passed this order while hearing a petition filed by Vijay Singh.
The petition has been filed in the nature of Public Interest Litigation seeking for the following reliefs :-
“(i) The Court may kindly be pleased to command the respondents to make ‘Pacca Road’ in place of the present Kachcha Road from village Ahir Tola to Chitrakoot Nain Road falling in Gram Panchayat, Rampur Chorasi by making asphalt ization (Damarikaran) on the same.
(ii) Any other appropriate writ, order, or direction which the Court may deem fit and proper may also be passed.”
It is pointed out that the petitioner was a social worker and engaged in social welfare activities. More particularly, welfare of the residents of Gram Ahir Tola which comes under the jurisdiction of Gram Panchayat Rampur, Chorasi.
It is pointed out that the villagers are facing several problems on account of Kaccha Road from the village Ahir Tola to Chorasi. The residents of the village have written several letters to the respondents asking for construction of Pacca Road from village Ahir Tola to Chorasi. Letters were circulated by the villagers as well as by the petitioner to various authorities/respondents for redressal of their grievances but of no consequences therefore, the petition has been preferred.
Per contra, counsel appearing for the respondents submitted that the petition is not maintainable on behest of the petitioner as he has claimed to be a public spirited person but no documents have been filed by him to show that he is a public spirited person and has carried out many public activities.
Merely, filing of the representation to the respondent authorities asking for construction of road is of no help to the petitioner. The petitioner showing himself to be a social worker has filed the writ petition but there is no documents filed by him to show that he has ever approached the elected representatives i.e Member of Parliament or Member of Legislative Assembly for redressal of his grievances. The elected representatives are duty bound to redress the grievances of the citizens. They are the persons who are responsible for taking care of construction of roads etc in the interest of the public at large, the Court said.
“In absence of any representation or approaching their elected representatives i.e Member of Parliament or Member of Legislative Assembly, the petition itself is unsustainable.
The Courts cannot issue any direction for construction of roads under Article 226 of the Constitution of India. Under these circumstances, no relief can be extended to the petitioner”, the Court observed while dismissing the petition.