ORDER S.K. Gangele, J. 1. This public interest litigation has been filed seeking the relief that respondents No. 1 and 2 be directed to provide land for construction of a bypass at Gwalior city, which is necessary to connect two highways i.e. NH-3 and NH-75. 2. The Central Government had undertaken a project of national importance, named as 'North-South Corridor Project' connecting Kashmir to Kanyakumari. Under the aforesaid project a bypass at Gwalior city of which total stretch of road is 42.033 kms. connecting 103.00 kms of National Highway No. 3 to 16.00 kms on National Highway No. 75 was proposed to be constructed at a total cost of near about Rs. 300 crore. On the said stretch 95% road construction work has been completed and 1.215 kms of four-lane road has to be constructed at the land which is at present is of the ownership of defence department, situated at village Badagaon, district Gwalior. 3. A dispute is pending in regard to grant of the aforesaid land to the project since 1994. The project had to be completed by October 2009. However, a stretch of 1.215 kms of road could not be constructed due to non-availability of land, which is of the ownership of defence department. Due to the aforesaid act, the whole project has come to standstill and the work to connect North-South corridor could not be completed. It is unfortunate that two departments of the Union of India i.e. defence department and Ministry of Road Transport and Highways could not reach an amicable settlement to this effect up to now. 4. The Army Authorities had agreed to provide the land for the project under certain terms and conditions. The State Government and respondent No. 5, National Highways Authority of India have also agreed to accept the terms and conditions of Army Authorities. In spite of that the matter is pending for the last seven years. It is unfortunate and shows a single example in regard to lethargy of one department of Union of India by which an important project could not be completed. This episode also shows that in ground realities due to non-cooperation between the departments of the same Government, the economic progress of the country has been affected. 5. National Highways Authority of India wrote a letter on 16th July 2004 for grant of N.O.C. for National Highway Project. Then, Col. Administrative Commandant. Mr. This episode also shows that in ground realities due to non-cooperation between the departments of the same Government, the economic progress of the country has been affected. 5. National Highways Authority of India wrote a letter on 16th July 2004 for grant of N.O.C. for National Highway Project. Then, Col. Administrative Commandant. Mr. Sunil Ahuja, recommended grant of N.O.C in regard to alternate proposal in red lines. The relevant noting in the letter dated 27th July 2004, Annexure P-1, are as under : Ref. National Highways Authority of India letter No. NHAI/PIU/GWL/2004-2005/404I dated 16th July 2004 (Photocopy att). 2. National Highways Authority of India has requested this HQ for NOC for National Highways project. 3. Maj. Gen. Jogindwer Singh (Retd) Executive Director met with L. Col. K.K. Ohel, and discussed the case. He has given two proposals for alignment of Gwalior by pass. The National Highways Authority has fixed the proposal of two alignments. One in red line and the other is shown in green line. 4. The green line proposal cannot be recommended because Gwalior-Antri Dump is coming up in vill Bandholi. The alternative proposal of red line is passing outside Cantt. behind Vill Mohanpura and Vill Badagaon. 5. A Photostat copy of DEO Jabalpur letter No. Cent/PWD/Misc. dt. 04 May 2001 is att. Herewith for your necessary action. 6. It is recommended that NOC be issued, if approved. 7. This has the approval of the Stn Cdr. Please. 6. Thereafter, the Superintending Engineer (PIC) for Director General (Road Development) and Special Secretary, requested the Director General, Defence Estate, to transfer 60 meters width of lane to NHAI for construction of highway. The relevant noting in the letter, Annexure P-2, is as under : As you know Kashmir to Kanyakumari is being liked by four lane National Highway under North-South corridor of NHDP which is scheduled to be completed by December 2007. For achieving the completion target the work of four laning is scheduled to be started by March 2005. The consultant for Corporation Detailed Project Report, has already been engaged by National Highways Authority of India and (sic) and DPR is in advanced stage of completion. The NHAI has informed this Ministry that while preparing the Detailed Project Report for the Gwalior Jhansi section in Gwalior town, it has been observed that it is not possible to follow the existing alignment of NH-3 and NH-75 through Gwalior town. The NHAI has informed this Ministry that while preparing the Detailed Project Report for the Gwalior Jhansi section in Gwalior town, it has been observed that it is not possible to follow the existing alignment of NH-3 and NH-75 through Gwalior town. This is due to heavy congestion in the town which does not permit speedy flow of traffic on the Corridor. A bypass around the town of Gwalior is therefore essential. The Gwalior bypass alignment indicated as alternative-1 in the enclosed plan as submitted by NHAI has considered most economical and the most viable. A part of the proposed alignment passes through defence land, and therefore, discussions were initiated by NHAI with the local Defence Authorities. During the informal discussion with the local defence authorities NHAI has been given to understand that we have no objection to this alignment as this alignment will also provided a very convenient link to the Government. In view of above, it is requested that NOC may be issued to follow this alignment (plan enclosed) for construction of four lane bypass on North-South Corridor. NHAI has estimated that a length of about 5 km of the proposed Gwalior Bypasses is about 30 hectares for the required 60 m. right of way for the bypass. It is also requested that 60 m. width of land in the proposed alignment (plan enclosed) be transferred to NHAI for taking up of the work. 7. Maj. Gen. Joginder Singh also wrote a letter on August 21, 2004 to take up the case for issuance of NOC with the Ministry of Defence. Thereafter, again on 16.05.2005 the Deputy General Manager / Project Director, NHAI requested to the Defence Estate Officer, to transfer the defence land. The correspondence had been going on between NHAI, respondent No. 5 and Defence Authorities. On 25th October 2007 Brig. A.S. Cheema, Stn Cdr, wrote a letter to the Project Director, NHAI in regard to time bound action plan. Brig. A.S. Cheema suggested following conditions in reaching out a settlement : 5. Range for Firing. Live Small Arms Firing is vital for training Army Units. If the bypass comes up as per the alignment suggested by your office, these ranges will become unusable for safety reasons (Mohanpur ranges comprises of three separate ranges, each meant for six firers at a time.). Range for Firing. Live Small Arms Firing is vital for training Army Units. If the bypass comes up as per the alignment suggested by your office, these ranges will become unusable for safety reasons (Mohanpur ranges comprises of three separate ranges, each meant for six firers at a time.). Hence it is imperative that facilities to cater for continued firing are constructed to offset the training loss to the Army. This can be done by meeting both the under mentioned requirements : (a) Construction of Three Baffle Ranges in lieu of three open ranges now rendered unusable. These will have to be constructed by your department or as a deposit work paid through your Department on defence land, as per the technical parameters of the Terminal Ballistics Research Laboratory designs. These are required to come up in a time frame, prior to the requirement of stoppage of firing at the existing ranges. (b) Since firing in closed and confined places are not a full substitute for firing on open ranges, as will be the situation in combat, you will be required to physically resurrect / repair two old disused ranges. These ranges will also require to be re-notified by the State Authorities. 6. Land compensation / Exchange. The physical utilization of defence land for the bypass has been calculated to be 7.392 hectares. However, in addition, approx another 11.615 hectares of land falls to the East of the bypass, which will be rendered unusable since it will be in isolated small pockets. Hence, a total of 19.54 hectares of prime land is the net less for the Army in Morar. This may be acceptable to us provided land of equal value is made available to the Army for training including firing. We are willing to accept land east of the bypass within 10-15 km of the cantonment, in the general area of Bandholi - Sonsa - Singhpur, provided this meets the twin requirements of safety norms and notification (s) by the State Government. It may be pertinent to mention that our land requirement is a minimum of approx 100 hectares in one compact area. Monetary compensation for the land is not acceptable. Barter of land rather than compensation in the desired option. The matter can be mutually resolved involving the District Authorities of Gwalior. 7. It may be pertinent to mention that our land requirement is a minimum of approx 100 hectares in one compact area. Monetary compensation for the land is not acceptable. Barter of land rather than compensation in the desired option. The matter can be mutually resolved involving the District Authorities of Gwalior. 7. If the above requirement to offset the Army loss is acceptable to you, a tripartite time bound action plan is required to be worked out between the NHAI, State / District Authorities and the Army, which could be framed in the form of a mutually acceptable, Memorandum of Understanding (MoU) for the logical finalization of the projects as agreeable by all sides. 8. An early response is solicited, in the interim you are advised to progress your work only to the point where you retain the flexibility to change the alignment. 8. Thereafter, Col. Offg. Adm. Comdt. for Stn Cdr. in his letter dated 12th September 2008 mentioned following conditions to reach out at a settlement : 5. As resurrection of discussed in all the previous tri-partite meetings held at this HQ, the tri-lateral issues are as mentioned below : (a) The resurrection of disused firing range at Mohanpura by NHAI. (b) Renotification of the ranges at Mohanpura by the state district Authorities. (c) Construction of Three Baffle Ranges by NHAI Authorities as per DRDO-TBRL specification. (d) State / Local Adm. Authorities to iden forest free land to NHAI for offering to Army as compensation for construction of NH Bypass through Def land. (e) Construction of Entry / Exit pts and link-up to Rairu Mil siding for movement of tanks loaded on trailors. (f) Construction of High Security wall covering the Defence land / establishments exposed to movement on the proposed NH Bypass. 6. In view of the above following measures are recommended : (a) NHAI to be flexible and accept any additional requirements / modifications that might be required to be carried out if projected at a later stage as the effect of physical profile of the NH bypass can not be ascertained at this stage. A case in point is refusal by NHAI for shifting of the crossing point on NH by 200-250 mtrs at Talbet Mil Cantt, which was desired by the local Army authorities. A case in point is refusal by NHAI for shifting of the crossing point on NH by 200-250 mtrs at Talbet Mil Cantt, which was desired by the local Army authorities. Assurance in writing must be given that such requests will be acceeded to promptly by the NHAI authorities at any stage. (b) As the Defence land on the whole is under one single authority i.e. MoD, Govt. of India; any issue which may arise within the jurisdiction of the local Military Hierarchy (i.e. HQ Bhopal Sub Area / HQ 21 Corps for the stretch of NH falling under their jurisdiction in MP State) would be related to the entire stretch of NHAI. 7. It is requested that your acceptance / views on the issues given out at para 5 above be formally communicated to this HQ through the DC, Gwalior as no record exists to that effect with this HQ. An early action at your end would facilitate re-consideration of the case. 9. Collector, Gwalior, in his letter dated 29.01.2010 mentioned the fact that 100 hectares land in exchange of 7.392 hectares of land, which is required for the purpose of construction of National Highway Project would be made available to the Army in Gwalior district. The District Administration made another offer to provide 402.51 hectares of land situated at district Shivpuri in exchange of 7.392 hectares of land for the purpose of construction of bypass. Collector, Gwalior, again vide another letter dated 31.01.2011 has mentioned the fact that Administration was willing to provide 400 hectares of land to the Army at district Shivpuri. 10. Respondent No. 5, NHAI, has communicated its agreement in regard to terms and conditions proposed by the Army for transfer of land. However, up to now the matter is pending between the authorities of both the departments. Respondent No. 5, NHAI in its affidavit has submitted that it is ready to accept the conditions of the Army put forth for transfer of land. The relevant pleadings of the affidavit in this regard are as under : 6. That, on 03.08.2011 a letter was written by the Collector, District Gwalior to the Station Commander, Station Head Quarter, Morar, Gwalior in pursuance to the meeting held on 21.07.2011 at Army Head Quarter, New Delhi. In the said meeting it was proposed to transfer 7.642 hectares of land in village - Badagaon near cantonment. That, on 03.08.2011 a letter was written by the Collector, District Gwalior to the Station Commander, Station Head Quarter, Morar, Gwalior in pursuance to the meeting held on 21.07.2011 at Army Head Quarter, New Delhi. In the said meeting it was proposed to transfer 7.642 hectares of land in village - Badagaon near cantonment. It was requested to give technical consent, so that the steps regarding transfer of land could take place. The copy of letter is marked and annexed as ANNEXURE - R/5/3. 7. That, in the instant matter no relief is claimed / sought against the answering respondent by the petitioner. In whole petition, the petitioner has narrated the facts pertaining to the correspondence which took place between the concern departments pertaining to disputed stretch of land. 8. That, the National Highways Authority of India has principally agreed to pay the approximate cost of construction for three Baffle Ranges amounting Rupees eighteen crores (Rupees six crores each) and additional Rupees fifty Lacs for construction of 800 meters security wall of 2.3 meters height (from road) adjacent to tank garages and for construction of Entry / Exist points upto Rairu Mill siding for movement of tanks loaded on trailers. The same is evident from annxure - P/11 (Page - 36 of petition). 11. Respondents No. 1 and 2 in their return have pleaded that respondent No. 4 has not provided alternate suitable land to answering respondents. The Board has considered the suitability of three different alternative land offered to respondents at village Dhuan, Barahana and village Tadhai, district Shivpuri. The respondents have not finalized the transfer of land of 17.642 hectares situated at village Badagaon. The relevant pleadings in this regard are as under : 3. That, inspite of repeated efforts the respondent No. 4 could not provide the suitable land to answering respondent and matter is still pending on the part of respondent No. 3 and 4. The board proceedings regarding assessment of suitability of three different alternative lands offered to answering respondents at village Dhuan, Barahana of 27.04.2009 and at village Tadhai of 08.01.2010 and near Shivpuri on 21.02.2011 are enclosed herewith and marked as Annexure R-3, R-4 and R-5 respectively. The board proceedings regarding assessment of suitability of three different alternative lands offered to answering respondents at village Dhuan, Barahana of 27.04.2009 and at village Tadhai of 08.01.2010 and near Shivpuri on 21.02.2011 are enclosed herewith and marked as Annexure R-3, R-4 and R-5 respectively. Vide letter dated 03.08.2011 respondent No. 4 has offered 17.642 hectare land of Village Badagaon for transfer for which dates of reassembling of the board of officers have to be finalized by the respondent No. 4 but despite letters dated 12.09.2011 and 03.10.2011 of answering respondent No. 2 no dates are yet decided and informed to answering respondents. The copies of letter dated 03.08.2011 of respondent No. 4 and letters dated 12.09.2011 and 03.10.2011 of answering respondents are enclosed herewith and marked as Annexure R-6, R-7 and R-8 respectively. 12. It has further been submitted in the return that for the purpose of transfer of defence land the following conditions are necessary : (a) All defence land belong to Union of India in terms of Section 172 of Government of India Act 1935. The alienation of defence land / issue of NOC can only take place with the explicit sanction of Union Cabinet. A copy of letter No. 54508 dated 10.08.2011 is enclosed herewith and marked as Annexure R-9. (b) For consideration of providing NOC the NHAI respondent No. 5 and collector respondent No. 4 were to provide the following : (i) Alternative land (ii) Baffle Ranges (iii) Security wall (iv) Entry / Exit Points for tanks trailers and other heavy vehicles. (c) It is regretted that as the first issue of provision of land has still not been fulfilled the readiness of NHAI to provide the Baffle ranges, security wall and Entry / exit points for tanks trailers etc is of no use value as the same have to be established on the alternative land. 13. From the aforesaid pleadings of respondents No. 1 and 2, it is clear that matter has still not been finalized. The Army Authorities have put forth four conditions to provide land for the purpose of construction of bypass. The conditions are as under : (b) For consideration of providing NOC the NHAI respondent No. 5 and collector respondent No. 4 were to provide the following : (i) Alternative land (ii) Baffle Ranges (iii) Security wall (iv) Entry / Exit Points for tanks trailers and other heavy vehicles. 14. The conditions are as under : (b) For consideration of providing NOC the NHAI respondent No. 5 and collector respondent No. 4 were to provide the following : (i) Alternative land (ii) Baffle Ranges (iii) Security wall (iv) Entry / Exit Points for tanks trailers and other heavy vehicles. 14. The NHAI, respondent No. 5, in its return has clearly pleaded that respondent No. 5 has principally agreed to pay the approximate cost of construction for three Baffle Ranges and additional cost for construction of 800 meters security wall of 2.3 meters height from road adjacent to tank garage and construction of Entry / Exit points upto Rairu Mill siding for movement of tanks loaded on trailers. The State Authorities have also agreed to provide alternative land of 7.642 hectares situated at village Badagaon to respondents No. 1 and 2 and if it is not suitable then 100 hectares of land in district Gwalior or if it is not suitable then 400 hectares of land at district Shivpuri. Thus, in our opinion, the conditions put forth by respondents No. 1 and 2 in regard to transfer of land have already been accepted by respondent No. 5, NHAI and district administration. In spite of that, the matter is pending before the Authorities. It is painful because due to inaction on the part of the authorities or some problems of the Defence Authorities, the bypass could not be constructed and the matter is pending for the last seven years. Construction of North-South Corridor is an important project of the Union of India. The land is not required for any private person. Learned Counsel for the State and respondent No. 5, NHAI, have stated before the Court that except this land the bypass could not be constructed on other land because in that case another project has to be undertaken. The District Administration has also given an assurance that it will solve other problems of the Army in regard to encroachments by civilians over the land of the Army of near about 17 acres at Gwalior city and also denotification of some land of the Army situated at district Shivpuri. 15. The District Administration has also given an assurance that it will solve other problems of the Army in regard to encroachments by civilians over the land of the Army of near about 17 acres at Gwalior city and also denotification of some land of the Army situated at district Shivpuri. 15. Hon'ble Supreme Court in the case of State of Uttaranchal v. Balwant Singh Chaufal and others, reported in (2010) 3 SCC 402 , in which the Hon'ble Supreme Court has considered the concept of public interest litigation and also considered various earlier judgments and judgment of Apex Courts of other countries in this subject and held as under in regard to maintainability of the public interest litigation : 25. Public interest litigation has been defined in Black's Law Dictionary (6th Edn.) as under: Public interest.-Something in which the public, the community at large, has some pecuniary interest, or some interest by which their legal rights or liabilities are affected. It does not mean anything so narrow as mere curiosity, or as the interests of the particular localities, which may be affected by the matters in question. Interest shared by citizens generally in affairs of local, State or national Government. 26. Advanced Law Lexicon has defined "public interest litigation" as under: ... the expression 'PIL' means a legal action initiated in a court of law for the enforcement of public interest or general interest in which the public or a class of the community has pecuniary interest or some interest by which their legal rights or liabilities are affected. 27. The Council for Public Interest Law set up by the Ford Foundation in USA defined "public interest litigation" in its Report of Public Interest Law, USA, 1976 as follows: 10. ... Public interest law is the name that has recently been given to efforts providing legal representation to previously unrepresented groups and interests. Such efforts have been undertaken in the recognition that ordinary marketplace for legal services fails to provide such services to significant segments of the population and to significant interests. ... Public interest law is the name that has recently been given to efforts providing legal representation to previously unrepresented groups and interests. Such efforts have been undertaken in the recognition that ordinary marketplace for legal services fails to provide such services to significant segments of the population and to significant interests. Such groups and interests include the proper environmentalists, consumers, racial and ethnic minorities and others." (Holicow Pictures Pvt. Ltd. v. Prem Chandra Mishra (2007) 14 SCC 281 : AIR 2008 SC 913 , SCC p.288, para 10 : AIR p.918, para 19.) (P) Ltd. v. Prem Chandra Mishra (2007) 14 SCC 281 : AIR 2008 SC 913 , SCC p.288, para 10 : AIR p.918, para 19.) (emphasis supplied) 28. This Court in People's Union for Democratic Rights v. Union of India (1982) 3 SCC 235 : 1982 SCC (L & S) 275, defined "public interest litigation" and observed that (SCC p.242, para 2) the public interest litigation is a cooperative or collaborative effort by the petitioner, the State or public authority and the judiciary to secure observance of constitutional or basic human rights, benefits and privileges upon the poor, downtrodden and vulnerable sections of the society. 16. After considering its earlier judgments and also judgments of the Apex Courts of other countries, Hon'ble the Supreme Court has issued the following guide-lines in regard to Public Interest Litigation : (1) The Courts must encourage genuine and bona fide PIL and effectively discourage and curb the PIL filed for extraneous considerations. (2) Instead of every individual Judge devising his own procedure for dealing with the public interest litigation, it would be appropriate for each High Court to properly formulate rules for encouraging the genuine PIL and discouraging the PIL filed with oblique motives. Consequently, we request that the High Courts who have not yet framed the rules, should frame the rules within three months. The Registrar General of each High Court is directed to ensure that a copy of the rules prepared by the High Court is sent to the Secretary General of this Court immediately thereafter. (3) The Courts should prima facie verify the credentials of the petitioner before entertaining a PIL. The Registrar General of each High Court is directed to ensure that a copy of the rules prepared by the High Court is sent to the Secretary General of this Court immediately thereafter. (3) The Courts should prima facie verify the credentials of the petitioner before entertaining a PIL. (4) The Courts should be prima facie satisfied regarding the correctness of the contents of the petition before entering a PIL (5) The Courts should be fully satisfied that substantial public interest is involved before entertaining the petition. (6) The Courts should ensure that the petition which involves larger public interest, gravity and urgency must be given priority over other petitions. (7) The Courts before entertaining the PIL should ensure that the PIL is aimed at redressal of genuine public harm or public injury. The Court should also ensure that there is no personal gain, private motive or oblique motive behind filing the public interest litigation. (8) The Courts should also ensure that the petitions filed by busybodies for extraneous and ulterior motives must be discouraged by imposing exemplary costs or by adopting similar novel methods to curb frivolous petitions and the petitions filed for extraneous considerations. 17. On the basis of guide-lines issued by Hon'ble the Supreme Court, in our opinion, this matter could be entertained as Public Interest Litigation, although we are conscious about our limitations in regard to issuance of writ under Article 226 of the Constitution of India. This petition has been filed by an Advocate practicing in High Court. The petitioner has no personal grievance in the matter. The subject matter is also of Public Importance because due to lethargy and inaction on the part of the Authorities the matter could not be sorted out for the last seven years and due to the aforesaid inaction the construction of an important project of North-South corridor has been delayed. The NHAI, respondent No. 5, has spent near about Rs. Three Hundred Crore for construction of bypass, however, due to non-construction of a small stretch of 1.215 kms of NH the bypass could not be completed and an important project of connecting NH-3 and NH-75 has been delayed. If the present affairs be permitted to continue without intervention of the Court, the project either may be scraped or it may be delayed. Unfortunately, it would be a national loss. If the present affairs be permitted to continue without intervention of the Court, the project either may be scraped or it may be delayed. Unfortunately, it would be a national loss. Hence, in our opinion, this public interest litigation is maintainable. 18. Respondent No. 5, NHAI, has already accepted the three conditions out of four mentioned in the return filed by respondents No. 1 and 2. Another condition in regard to providing alternative land has also been accepted by the State Government and District Administration. Hence, this petition is disposed of with the following directions : (1) Respondent No. 5 shall bear the cost of construction of Baffle Ranges, Security Wall and it shall also construct Entry / Exit Points for tanks loaded on trailers and other heavy vehicles as proposed by respondents No. 1 and 2. The District Administration has already made a proposal in regard to providing land 7.871 hectares of land at village Badagaon. It is clear from the letter of the Collector dated 26.09.2011, Annexure R/5/2. Earlier, the State Authorities proposed to provide 100 hectares of land at district Gwalior and 400 hectares of land at district Shivpuri, however, that was not accepted by the Army Authorities. But, in our opinion, on this ground construction of an important project could not be delayed. Hence, respondents No. 1 and 2 are directed to place the material before the Union of India in regard to grant of 'No Objection Certificate'. The Union of India shall take a decision in this regard within a period of four weeks. (2) It is further directed that if the Union of India did not agree in regard to proposal of providing alternative land within four weeks, in those circumstances, the construction of project should not be delayed because other three conditions have already been accepted by respondent No. 5 NHAI. In that event, respondent No. 5, NHAI is permitted to construct bypass road over the area of 1.215 kms and the issue of providing alternative land could be sorted out subsequently. (3) It is further directed that District Authorities and State Authorities shall take effective steps in regard to removal of encroachments over the Army land of 17 acres at Gwalior City as alleged by the Army Authorities and also take appropriate steps in regard to denotification of certain land of the Army situated at district Shivpuri. (3) It is further directed that District Authorities and State Authorities shall take effective steps in regard to removal of encroachments over the Army land of 17 acres at Gwalior City as alleged by the Army Authorities and also take appropriate steps in regard to denotification of certain land of the Army situated at district Shivpuri. The aforesaid assurances have been given by the Collector, respondent in his letter dated 31.01.2011, copy of which has been filed as Annexure P-19. (4) We make it clear that the above directions have been issued in affirmative in view of the seriousness of the problem and the respondents No. 1 and 2 shall not take it otherwise. (5) Looking to the facts of the case, in our opinion, the petitioner has to be awarded cost because he brought a cause of public importance in the petition. The respondents No. 1 and 5 are directed to pay a cost of Rs. 15,000/- (Rupees Fifteen Thousand) only each to the petitioner within a period of four weeks from the date of the order.