- (1.) In these proceedings, which have been filed in public interest, the petitioner has sought a mandamus, commanding the State and its agencies to restore and re-construct a bridge, which was known as 'Pakri Pul' situated on Sharda Canal near Azad Nagar, Lucknow and not to block the high speed road (described as VIP Road) which connects the Amausi Airport by constructing a divider. By an order dated 17.6.2008, the Division Bench while directing the respondents to file a counter, also directed the respondents to consider the feasibility to provide an alternative way to case the problems faced by the residents of the locality. In pursuance of the direction, a counter has been filed on behalf of the State, in which it has been set out that a Committee consisting of (1) The Secretary, Lucknow Development Authority; (2) The Chief Engineer, Nagar Nigam; (3) The Joint Secretary, Lucknow Development Authority; (4) The Joint Director, Land and Development; (5) The Town Planner, LDA and (6) The Executive Engineer, Provincial Division, PWD, Lucknow was constituted, which carried out an extensive study and a survey on the spot and submitted its report. In view of the recommendation of the Committee, it has been submitted that a four lane alternate route parallel to the VIP Road towards south of the Sharda Canal running almost 2.8 Kms. long and 24m wide was directed to be constructed so that the residents of the area could be connected to the VIP Road from Bangla Bazar upto Kanpur Road without any inconvenience. Accordingly, it has been stated that an alternate route has now been laid down in four lanes.
(2.) The petitioner has a serious grievance about the demolition of 'Pakri Pul', which was in existence since 1923-24. His grievance is that as a result of construction of the road approaching Amausi Airport leading to the construction of a divider, hardship is being faced by the residents of the locality.
(3.) At the outset, it is necessary to emphasize that Courts, while exercising writ jurisdiction in public interest, must have due regard to the parameters set out in judicial decisions under Article 226 of the Constitution of India. Public interest litigation may involve a relaxation of the ordinary rules as to standing. But, it is necessary to emphasize that the jurisdiction in public interest cannot be exercised in an uncharted territory and in this regard the well settled principles for the exercise of the power of judicial review under Article 226 of the Constitution have to be borne in mind. There are certain decisions which are best left to the planning authorities in the context of urban planning and unless, in a given case, the Court is satisfied that a decision, which has been taken is ultra vires in the sense of being contrary to the governing legislation or is in violation of constitutional requirements under Article 14 of the Constitution, the Court would not interfere.;