A public interest litigation sought completion of the stalled NH-209 Bengaluru-Kanakapura road widening project. Affidavits showed about 99% completion with a new contractor engaged; only an 80-metre stretch remained pending a high tension line relocation expected by August 2024. The court disposed of the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:31657-DB WP No. 5524 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF AUGUST, 2024 PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE K V ARAVIND
WRIT PETITION NO. 5524 OF 2022 (GM-RES)
BETWEEN:
MR. S.P. SANDEEP RAJU AGED ABOUT 34 YEARS S/O R. PRABHU PROPRIETOR SREE VINAYAKA ENTERPRISES RESIDING AT NO.2423 8TH MAIN ROAD NEAR POST OFFICE BANASHANKARI BIDARAHALI BENGALURU – 560 078
…PETITIONER
Digitally signed by PRABHAKAR SWETHA KRISHNAN
Location: High Court of Karnataka
(BY SRI B.S. SHRINIVAS, ADVOCATE)
AND:
NEW DELHI - 110 075
…RESPONDENTS
(BY SRI. VARUN GALAGALI, ADVOCATE FOR SRI MADHUKAR DESHPANDE, CGC FOR R-1; SMT. SRUTI CHAGANTI, ADVOCATE FOR R-2 to R-5; SRI MOHAMMED JAFFAR SHAH, AGA FOR R-6 & R-7 SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE
RESPONDENTS TO EFFECTIVELY IMPLEMENT THE CONTRACT ISSUED TO THE RESPONDENT NO.7 AND COMPLETE THE CONTRACT OF WIDENING OF THE ROAD WORK IN NH 209 I.E., FROM BENGALURU TO KANAKAPURA TOWN IN ALL ASPECTS IN ACCORDANCE WITH THE TERMS AND CONDITIONS IN THE AGREEMENT DATED 08.12.2006 ENTERED INTO BETWEEN THE 2ND AND THE 7TH RESPONDENT, VIDE ANNEXURE – A AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and
HON'BLE MR JUSTICE K V ARAVIND
ORAL ORDER
(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)
The present petition was filed by the petitioner who claims to
be degree holder in the Bachelor of Business Management and also the degree holder in the Masters of Business Management from the university of Pennsylvania. The petitioner is stated to be the proprietor of Sree Vinayaka Enterprises which is engaged in the transportation business.
NC: 2024:KHC:31657-DB WP No. 5524 of 2022
“Directing the Respondents to effectively implement the contract issued to the Respondent No.7 and complete the contract of widening of the road work in NH 209 i.e., from Bengaluru to Kanakapura Town in all aspects in accordance with the terms and conditions in the Agreement dated 08.12.2006 entered into between the 2nd and the 7th respondent”
of the said road/highway could not have been left unattended by the authorities which was against public interest.
3.1 In course of the hearing of the present public interest litigation, the Court passed orders from time to time which figure on record. It was pointed out that at one stage the Court appointed the Court Commissioner who submitted his report on 06.04.2023. The report figures on record. After the orders passed and the report was submitted, much water has flown in relation to the subject matter.
3.2 It may be mentioned that the memo dated 20.02.2023 came to be filed by respondent No.4, in which it was stated that the earlier Contractor with whom the contract was executed for the work of road construction has left the work, however, the new Contract dated 13.02.2023 has been executed with the new Contractor and that the new Contractor was working at the site to complete the road construction at National Highway No. 209.
NC: 2024:KHC:31657-DB WP No. 5524 of 2022
India, PIU-Ramanagara, in which the following is stated amongst other details,
(i) Status report prepared by the independent engineer in respect of progress of the project which is two/four Laning of BRT Tiger Reserve Boundary to Bangalore Section of NH-209 in the State of Karnataka is produced on record.
(ii) It is stated that out of the total length of the project highway which is 165.348 km, the work for the length of 163.94 km has been completed as on date.
(iii) The Bangalore-Kanakapura Section is developed as four lane section whereas, the remaining section of the highway from Kanakapura to BRT Tiger Reserve Boundary is developed as two-lane section which is based on the traffic volume projections.
(iv) This petition pertains to the BengaluruKanakapura Section. The length of this part of the project is 27.92 km out of which, 27.68 km has been completed as on date. In other word, 99.10% work which is the subject under grievance of this petition is completed.
of the affidavit is also noticed by the Court, in which it is stated that the balance length to be completed for the road construction is 0.240 km which is incomplete for the following reasons,
“(i) 80 meters is incomplete as UG high tension line near Ravi Shankar ashram needs to be relocated safely;
(ii) 110 meters is incomplete as there is hindrance due to BWSSB pipe line work and because of public agitation for providing service road for Toll Plaza-3, near Somanahalli;
(iii) 50 meters is incomplete as there is public agitation demanding Vehicular Underpass (VUPs) near Kanakapura Bypass has delayed the work necessary to seamlessly merge the four-lane section with the two lance sections.”
4.2 With regard to the above reasons, learned advocate Smt. Sruti Chaganti for the National Highway Authority stated that what is shown to be incomplete in (ii) and (iii) above has been attended to and the said part of the work is completed.
NC: 2024:KHC:31657-DB WP No. 5524 of 2022
7. Nothing more survives in the present public interest petition.
It is accordingly disposed of.
In view of disposal of the petition, the interlocutory application
would not survive and it stand accordingly disposed of.
Sd/(N. V. ANJARIA) CHIEF JUSTICE
Sd/(K V ARAVIND) JUDGE
CR
List No.: 1 Sl No.: 14
1 issue framed by the court
Whether the authorities could be directed to complete the delayed widening works on NH-209 Bengaluru-Kanakapura section in accordance with the 2006 contract.
1 provisions across 1 enactments
S.P. Sandeep Raju
Union of India, Ministry of Road Transport and Highways
National Highways Authority of India
Project Director, National Highways Authority of India
National Highway Authority of India, PIU Ramanagar
Assistant Executive Engineer, National Highway Authority of India, Ramnagar
N. V. Anjaria
K V Aravind
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
