Petitioner challenging NHAI's construction of medians restricting direct access to its 4-star hotel. Court held private commercial interest must yield to public interest in highway development. Rejected claim for additional openings or direct access.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
TUESDAY, THE 28TH DAY OF JULY 2015/6TH SRAVANA, 1937
W.P.(C).No.4200 of 2015 (Y)
PETITIONER(S):
M/S.WALAYAR RESORTS PVT. LTD., WALAYAR,
HAVING ITS ADMINISTRATIVE OFFICE AT SOORYA TOWER, KUNNATHOORMEDU, PALAKKAD, REPRESENTED BY ITS MANAGING DIRECTOR, N.MANI, AGED 50 YEARS, S/O.VELUSAMY GOUDER.
BY ADVS.SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.K.A.NOUSHAD SRI.P.U.VINOD KUMAR SRI.KANDAMPULLY RAHUL SRI.MITHUN BABY JOHN SRI.J.RAMKUMAR.
RESPONDENT(S):
R1 & 2 BY ADV. SRI.THOMAS ANTONY.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:-
WP(C).No.4200 of 2015 (Y)
APPENDIX
PETITIONER(S)' EXHIBITS:-
RESPONDENT(S)' EXHIBITS:-
Vku/[ true copy ]
K. Vinod Chandran, J.
W.P.(C).No.4200 of 2015-Y
Dated this the 28th day of July, 2015
JUDGMENT
The petitioner is the owner of a 4-Star hotel, situated
near to the border of the State of Kerala, with the State of Tamil Nadu. The petitioner is aggrieved by the development of National Highway 47, carried on by the National Highway Authority of India [NHAI] insofar as restricting direct access to the petitioner's hotel by the side medians built on the National Highway. The petitioner contends that the NHAI has provided gaps/access to the service roads by breaking the medians at various places of the National Highway according to their whims and fancies and flouting the norms laid down for the same. The petitioner contends that the nearest opening provided to the service road, which has access to the hotel of the petitioner, towards Thrissur, is 1 Km. away from the hotel and towards Coimbatore, again it is at a distance of 1 Km. The petitioner projects the circuitous route a customer will have to take to have access to the hotel, which according to the petitioner, would hamper the business of the
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hotel. The petitioner also, as per Exhibit P3 norms, seeks for an
opening to be provided at the median and undertakes payment of fees as provided.
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per the IRC specification, 5 openings are said to be provided for the use of the Commercial Tax Check Post, R.T.O. Check Post, Malabar Cement Factory and other National Highway users, including the customers of the petitioner. The aforesaid five median openings are said to be within the prohibited distance of 2 Kms., but, however, the same was granted as a special case considering the factum of existence of Check Posts as also a public sector undertaking, wherein constant transportation of goods are necessitated for reason of it being carrying on cement manufacture. A detailed diagram has also been provided as Exhibit R2(a).
had issued a Commission and the Advocate Commissioner has filed his report dated 04.06.2015.
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their prospects or their individual business interest. That would result in the public interest being subjugated to the individual interest.
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on the basis of the investments made, the petitioner cannot seek
for an additional benefit of an opening at the National Highway.
counter statement, has specifically stated that at every opening of the median, they are expected to provide carriageway for the vehicles to veer away from the regular lanes and take it to the service roads. Private interest and commercial considerations definitely has to concede to development intended with larger public interest as its objective. The plan produced by the NHAI as Exhibit R2(a) clearly indicates the openings in the 4-lane highway, providing access to the service roads.
long circuitous route is belied by answers at 2.5.1(a) and (b), which are extracted hereunder:
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A vehicle coming from the Coimbatore side would have to just enter into the service road on the left hand side and travel 450 metres along the service road to reach the hotel. A vehicle coming from Palakkad side would have to travel again nearly ½ a kilometer and then take a “U” turn to enter into the service road and immediately have access to the hotel. The traffic congestion in the area has been noticed by the Commissioner. But, that cannot lead to any preference being given to the petitioner, since the petitioner was well aware of the possibility of such congestion especially for reason of the location of the Check Posts near to the border.
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P3 that there shall be no direct access to the National Highway for Other Properties and access shall be only through the service roads. Access permission and payment of fees as specified are
only to the service road access and there can be no direct access claim to the National Highway as such. This Court does not find any infirmity in such norms having been implemented, since it is only in the larger public interest and, as has been earlier noticed, private interest should always concede to that. This Court does not find any reason to grant the reliefs as sought for. The writ petition is devoid of any merit and the same is accordingly dismissed, leaving the parties to suffer their respective costs.
Sd/K.Vinod Chandran Judge.
Vku/-
[ true copy ]
3 issues framed by the court
Whether the petitioner is entitled to an opening in the median of National Highway 47 for direct access to its hotel.
Whether the petitioner can claim preference for additional median access given the existence of nearby commercial check posts.
Whether the petitioner's claim for direct access to the National Highway is sustainable under applicable norms.
M/S. Walayar Resorts Pvt. Ltd.
The Chief General Manager, Regional Office, National Highway Authority of India, Chennai
The Project Director, National Highway Authority of India
K. Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
