Facts of the Case

Vikram and other residents of Hubballi challenged an ongoing road/highway construction project, contending it was being executed in violation of the Indian Road Congress (IRC) Code, and sought interference by the Court to halt or correct the alleged non-compliance.

The respondents, including the Union of India and the personnel executing the project, submitted before the Division Bench that all applicable norms would be scrupulously followed and that there was no reason to interfere at that advanced stage of construction, which the Bench found would be prejudicial to public interest and the State exchequer if halted.

The Court held that the Indian Road Congress Code was not shown to have been promulgated under any specific statute, and relying on Supreme Court precedent regarding the non-justiciable nature of similar administrative/executive compilations (such as the PWD Code), held that breach of the IRC Code, even if shown, would not give rise to a justiciable cause of action.

Issues Involved

  1. Whether the Indian Road Congress Code has independent statutory force such that its alleged violation could found a cause of action under Article 226.
  2. Whether interference with the ongoing highway construction project was warranted at that advanced stage.

Petitioner's Arguments

  • The highway construction project was being undertaken contrary to the prescriptions of the Indian Road Congress Code, warranting the Court's intervention.

Respondent's Arguments

  • All applicable norms in the field would be scrupulously followed, and the petitioners could raise any specific violation before the concerned authorities for remedial measures; halting the project at that stage would be prejudicial to public interest and the State exchequer.

Court Order / Findings

  • The Court held that the Indian Road Congress Code was not shown to have been promulgated under any particular statute, and relying on State of Mysore v. Fernandez (AIR 1967 SC 1753), held that a mere compilation of executive instructions (such as the IRC Code, akin to the PWD Code) does not give rise to a justiciable cause of action on its breach.
  • The Court accepted the respondents' assurance that all applicable norms would be followed and found no reason to doubt it.
  • The petition, being devoid of merits, was dismissed, with costs made easy.

Important Clarification

This ruling is about the legal status of the Indian Road Congress Code in highway construction and has nothing to do with GST — the dispute concerned technical/engineering compliance in a public infrastructure project.

Sections Involved

  • Constitution of India, 1950 — Article 226 (writ jurisdiction; justiciability of executive compilations/codes)

Decision – In Favour of

Decided against the petitioners — the writ petition was dismissed as devoid of merit, with costs made easy.

Case Details

  • Court: High Court of Karnataka at Bengaluru
  • Case No.: Writ Petition No.4352 of 2022 (LB-RES)
  • Neutral Citation: 2023:KHC:34160-DB
  • Coram: Hon'ble Chief Justice Prasanna B. Varale and Hon'ble Mr. Justice Krishna S. Dixit
  • Date of Order: 21.09.2023

Link to Download the Order

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