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Utt HC | Construction of roads fall in the executive realm and cannot be brought under judicial review proceeding under Art. 226

Uttaranchal High Court: A Division Bench of Ramesh Ranganathan, CJ and Alok Kumar Verma, J., dismissed a petition filed seeking laying of a road connecting the petitioner’s village with the district headquarters.

It was stated that though construction of the road had commenced, the said work was stopped and an alternate road was being laid. The petitioner claimed that the absence of the road had made the lives of the villagers extremely difficult.

The Court while dismissing the petition explained that it cannot undertake the task of determining whether and where a road should be laid, for these were all matters in the executive realm though the villagers facing difficulty has merit and these claims could only be addressed by the state government and they do not fall under the judicial review proceedings under Article 226 of the Constitution of India. The Court, however, directed the respondents to examine the matter and take a considered decision regarding the laying of the road. [Pushkar Singh v. State of Uttarakhand, 2020 SCC OnLine Utt 74, decided on 17-02-2020]

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