Court Emphasizes Larger Public Interest and Advanced Stage of Project Execution in Dismissing Petition by Central U.P. Gas Limited
In a significant ruling, the Allahabad High Court has dismissed a writ petition filed by Central U.P. Gas Limited (CUGL), seeking realignment of the Kanpur Ring Road Project to preserve its existing infrastructure. The Court underscored the necessity of adhering to technical, financial, and administrative evaluations conducted by expert authorities in such major public infrastructure projects.
The bench, comprising Justices Mahesh Chandra Tripathi and Kunal Ravi Singh, concluded that the court cannot direct realignment under Article 226 of the Constitution, especially since the project is at an advanced stage of execution. The judgment emphasized that any court interference at this juncture would delay the project, increase public expenditure, and impact the rights of other stakeholders.
The petitioner, a joint venture between Gas Authority of India Limited and Bharat Petroleum Corporation Limited, operates in Kanpur and sought to protect its CNG station located on Plot No. 203, Chakeri, Kanpur Nagar. CUGL claimed that they were not notified individually about the land acquisition for the highway, which had been ongoing since 2022.
The Court noted that the acquisition notifications were issued under Sections 3A and 3D of the National Highways Act, 1956, and were available in the public domain. The petitioner, being a large commercial entity, was expected to remain vigilant about such proceedings.
Highlighting the project's critical public interest and its substantial completion—approximately 50%—the Court found no merit in disrupting the ongoing work. However, the judgment allowed CUGL to seek reasonable time from the authorities to relocate its infrastructure, ensuring minimal disruption to its services.
Despite rejecting the plea for realignment, the Court stressed that authorities should consider any requests for infrastructure relocation sympathetically, recognizing the essential public utility service CUGL provides.
Bottom line:-
Realignment of a public infrastructure project, such as a national highway, cannot be directed by the Court under Article 226 of the Constitution of India, particularly when the project is at an advanced stage of execution and concerns larger public interest.
Statutory provision(s): Article 226 of the Constitution of India, National Highways Act, 1956 Sections 3A, 3D, 3E, 3H
Central U.P. Gas Limited v. Union of India, (Allahabad)(DB) : Law Finder Doc id # 2911828
