Cuttack: Orissa High Court has ruled that "public interest is not necessarily to take the interest of individual but have the public and the society".
The court further ruled that "the public interest is also where the national interest is embodied".
The single-judge bench of D.P. Choudhury gave the ruling on a dispute over plying of multi-axle vehicles (18 to 22 wheelers) on the public road (MDR-27) from Bankibahal to Sundargarh that is being developed as a coal corridor.
The MDR, which means major district roads, which form the primary and secondary road network in a region passes through 26 gram panchayats and three blocks.
The dispute centred on the contention of Mahulpali sarpanch Gouri Dandasena and others on one hand and the owners of multi-axle wheeler vehicle. The court acknowledged that the people are facing difficulties to go to school, market and hospital because of plying of the multi-axle vehicles and Mahanadi Coalfields Limited (MCL), at the same time, also requires carriage of multi-axle vehicles to carry more quantity of coal. The owner of such vehicles has also got the right to maintain their livelihood.
"So, the requirement of all these stakeholders, who use the road, have to balance well keeping the national interest which is above all the interest of individual," Justice Choudhury observed, adding, "when the convenience of public is to be taken into consideration, the national interest for economic growth of the country is equally to be balanced".
Accordingly, Justice Choudhury directed the MCL to widen the road from Bankibahal to Sundargarh for full-fledged coal corridor within two months from the date of the judgment and complete the work by the end of 2018.
"The MCL would maintain the existing road directly by its own machinery on every three months and any sort of deficiency in service would be accountable in judicial side," Justice Choudhury specified in his January 30 order.
"One of the conditions should be that the multi-axle vehicles would only ply from 11pm to 6am," Justice Choudhury specified in the order, expecting the administration to keep tabs on the movement of other vehicles.
