THE HON'BLE SRI JUSTICE A.GOPAL REDDY and THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.9719 of 2010 JUDGMENT: (Per Hon’ble Sri Justice A.Gopal Reddy) This petition in the form of Public Interest Litigation is filed for issuance of writ of a mandamus directing the respondent officials to consider the proposed alignment given for laying road after conducting a detailed enquiry, as per the report of the third respondent-Executive Engineer (R&B), APSHP Division, dated 09.02.2010, and to declare the action of the second respondent in calling tenders vi de NIT No.4/12FC/DEE-1/2009-10, dated 02.09.2009 and entering into an agreement dated 20.01.2010 with the fourth respondent- M/s.R.K.Infracorp Pvt., Ltd, as arbitrary and illegal. In the affidavit filed in support of the writ petition, the petitioner has not stated that he is ventilating the cause in the interest of public and any such steps taken by him in that regard, except stating that the second respondent called for tenders for improvements to C.R.A road at Gundlur to Hatyarala (via) Tallapaka road from Km 0/0 to 9/2 in Kadapa District, and that the value of the work to be executed is Rs.3,82,23,135/-. It is also stated that much prior to the entering into the agreement, a representation has been given by the local people including the MLA for reconsidering the alignment for laying road from Gundlur Shivalayam from Km 87/2 on right bank of River Cheyyeru passing through MG Puram Village, Tallapaka and Hatyarala Shivalayam as a sub-connectivity for tourism purposes. In spite of the same, the authorities are proceeding with the execution of the work by inviting tenders, which is not beneficial to the entire public of the villages. The said road requires acquisition of land from Km 6/4 to 8/2, and if any such road is to be laid that has to be laid only after raising mud bunds, as the said area is low-lying. In fact, during rainy season, Tallapaka Harijanawada is getting sub-merged every year and the agricultural fields also sub-merge and water stagnates upto 3 to 4 feet in the said fields. Further, the third respondent in his letter dated 09.02.2010 suggested that that the work needs to be kept under abeyance for a temporary period to avoid complications and loss to Government. Therefore, laying of the road, as per the tender notification, is not feasible, and the same requires to be cancelled. The second respondent filed a counter-affidavit on behalf of the official respondents. In the said counter-affidavit it is stated that Gundlur-Hatyarala road (via) Tallapaka from Km 0/0 to 9/0 is transferred from Panchayat Raj Department to R&B Department vide G.O.Ms.No.93, dated 10.05.2005 under S.No.100; that the road is existing and serving since long time and the same was handed over by Panchayat Raj Department to R&B Department for further improvements and that now the work is sanctioned under 12th Finance Commission Grant, the funds are ought to be utilized for improvement of the existing road only, and not to be spent to the formation of new roads. The learned counsel for the petitioner, while referring to the letter dated 09.02.2010 addressed by the third respondent to the second respondent, strenuously contended that when the third respondent instructed the second respondent to keep the work in abeyance, and to consider the alternative alignment suggested by the MLA, calling for tenders by the respondent authorities is unsustainable. We do not see any merit in the contention advanced by the learned counsel for the petitioner for the simple reason that the tender notification dated 02.09.2009 itself specifies the name of the work as “Improvements to C.R.A. Road at Gundlur to Hatyarala (via) Tallapaka Road from Km 0/0 to 9/2 in Kadapa Distrct”, and the name of work given in the estimate is improvements to C.R.A. road. Since a new road is not to be laid and the road is already in existence, consideration of the alternative proposals suggested by the MLA, as specified in the letter dated 09.02.2010, does not arise. Even for the grant of alternative alignment proposal, the third respondent in his letter dated 09.02.2010 stated that a detailed investigation and local enquiry is needed for collecting land etc., and requested time for conducting surveys and proposing the alignment in respect of cost and feasibility. The present sanctioned alignment runs in earthen rocky terrain in the off of hillocks on a tank bund and in between agricultural lands. From Km 6/0 to 6/4 Tallapaka Village is located and upto Km 0/0 to 6/4 no land acquisition is needed, as old earthen road or BT roads are existing in the reach. But from Km 6/4 to 8/2 there is no road. In this stretch, agricultural land exists where in a new road is to be formed. For executing the road work, land acquisition is required, as otherwise the road ends at Tallapaka Village and cannot connect Hatyarala Village. It is clear from the counter-affidavit that due to formation of the road, flow of surface water will be obstructed and to make the water flow, certain CD works were provided in the sanctioned list. Therefore, the inundation of water, as contended by the petitioner, will not occur, and evacuation of villagers does not arise. Further, since the sanction of the amount is for improvement of the existing road, but not for laying of a new road, this Court cannot direct the respondents to consider the representation made by the local people including the MLA for reconsidering the alignment for laying road. Moreover, the petitioner has not stated anywhere in his affidavit that he is espousing the cause of the public in general and that he is not having any personal interest in the matter. In the circumstances, the present writ petition in the form of Public Interest Litigation cannot be entertained, and the same is accordingly dismissed with costs of Rs.10,000/- (Rupees ten thousand only) payable by the petitioner to the High Court Legal Services Authority, within a period of four weeks from today, in default, the Legal Services Authority can take steps to recover the costs. A. GOPAL REDDY, J K.C.BHANU, J Date: 14.07.2010 va