2011 INSC 1047
                             SUPREME COURT OF INDIA

                                      State of Uttarakhand

                                                Vs.

                       Villagers of Vil. Jamaria Baluli and Vanghat

                                     C.A.No.8331 of 2011

                 (K.S. Radhakrishnan and Chandramauli Kr. Prasad JJ.)

                                           23.09.2011

                                             ORDER

1. Leave granted.

2. This appeal is preferred by the State aggrieved by the positive direction given by
the High Court for forming a road from N.H. 121 to the village of Jamaria.
Learned Counsel appearing for the State submits that Executive Engineer has
consented to the order without getting approval of the Government.

3. We, are of the view, the High Court, has committed an error in issuing a writ of
mandamus for constructing a pucca road. In our view it is primarily for the
Government to consider the request for construction of road and its necessity.

4. We are therefore inclined to set aside the judgment of the High Court with the
observation that, the Respondent, if so advised, may file a suitable representation
before the State Government, it is for the Government to consider the same in
accordance with law.

5. The appeal stands allowed as above.

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