- (1.) The petitioners have made a prayer that the respondents be restrained from installing Anti Crash Railing/cattle guard on the new 4 lane road called Sidhwan Canal Road from Doraha to Ludhiana-Ferozepur Road i. e Southern Byepass Ludhiana which measures approximately 26 kms. The grievance of the petitioners is that their land abuts the main road and on account of these structures they would be prevented from entering it. They have thus prayed that the respondents be restrained from erecting these structures and alternatively they have prayed for construction of service road so as to enable them to enter the road.
(2.) On due consideration of the matter and keeping in mind the first principle of law which govern the exercise of jurisdiction of the Court under Article 226/227 of the Constitution of India, this Court is of the opinion that matters such as these cannot be decided considering the fact that these are best left to the experts and the Court is bereft of any expertise to examine such issues. In any eventuality, on a first blush of the matter, the structures which are being erected are meant to ensure the safety of the users of the road which has been upgraded to a four lane structure implying thereby that it is going to cater to fast moving traffic.
(3.) Evidently such structures are meant to enhance public interest and safety and therefore, keeping in view the fundamental principle that public interest has to outweigh private interest, the petitioners' cause cannot be appreciated.;