This writ petition sought a mandatory order directing NHAI to provide a median opening near a school. The Court held that the petitioner established no violation of standards and that the expert report rejecting the request on safety grounds was mandatory for the authority.
The writ petition was dismissed with no costs awarded.
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.
W.P.No.2611 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.08.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.2611 of 2023
Avinshree International School Rep. by its Chairman/Correspondent Mr.T.Vasudevan R.S.No.104/1, FCI Godown Road, Thiruvandarkoil, Puducherry – 605 102.
...Petitioner
Vs
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents herein to provide median opening around 40 feet wide at CH 22+500 (NH-45A), Puducherry-
Page 1 of 8
W.P.No.2611 of 2023
Villupuram Highway between Thirubhuvanai and Thiruvandar Koil as prayed for in the representation submitted by the writ petitioner on 19.12.2022.
For Petitioner : Mrs.S.Radha Gopalan For R1 : Mrs.S.R.Sumathy For R2 : Mr.M.Nirmal Kumar Government Advocate [Puducherry]
ORDER
The relief sought for in the present writ petition is to direct the respondents to provide median opening around 40 feet wide at CH 22+500 (NH-45A), Puducherry-Villupuram Highway between Thirubhuvanai and Thiruvandar Koil as prayed for in the representation submitted by the writ petitioner on 19.12.2022.
2.The petitioner is Avinshree International School. The first respondent has proposed and started work for four lanning of Villupuram, Puducherry [KM 29.000] Section of NH-45A (New NH 332) and the same passes through Thiruvandar Koil wherein the petitioner School is situated. The petitioner School after having gone through the plan of the flyover which
Page 2 of 8
W.P.No.2611 of 2023
is being constructed in Puducherry – Villupuram NH-332 and found that there is no crossing/inter-section near their Institution. Thus the petitioner gave a representation on 24.10.2022 to the first respondent endorsing a copy of the same to the second respondent.
3.The learned counsel appearing for the petitioner mainly contended that a median is to be provided for the benefit of the children studying in that locality. The median now proposed to be constructed would not serve the purpose since the distance is 340 meters. Since the request made by the petitioner has not been considered, they have chosen to file the present writ petition.
4.The first respondent filed a status affidavit. The affidavit states that
the representation submitted by the writ petitioner on 19.12.2022 has been considered by the respondents, it was referred to the independent Engineer to review and submit a report. Accordingly, the independent Engineer inspected the site, reviewed and examined and submitted a report on 11.01.2023. The said report has been further reviewed by the first respondent and a reply was sent to the writ petitioner on 02.02.2023. The brief details of
Page 3 of 8
W.P.No.2611 of 2023
the reply given to the writ petitioner reads as under:
Page 4 of 8
W.P.No.2611 of 2023
where heavy vehicle traffic movement will pose danger to the traffic if median opening is provided at that location.
“Cl 2.14.2 – Median opening shall not be provided in front of the service road entry. The distance between the service road entry and the median opening shall be at least equal to the sum of length of acceleration lane, weaving length and deceleration length. This distance shall however be not less than 150M. Location of opening shall be so decided as to minimize contraflow.”
lanning of Highways, the Median opening cannot be considered in view of the traffic hazard and also safety of the road users. The cross road leading to the school exist at km 22+960 (RHS) and flyover exist at km 23+300 which is only 340 M where cross facility is available could be utilized by the
Page 5 of 8
W.P.No.2611 of 2023
petitioner School.
7.The research oriented projects of National Highways Authority of India cannot be interfered with by the Courts in a writ proceedings in a casual manner. The National Highways projects are implemented by conducting research and only in the event of any violation of the specifications or the standards, the Courts can exercise the powers of judicial review for the purpose of considering the request made by the individual persons. In the absence of any such violation of specifications and standard procedures, the Court is bound by the experts opinion or their report for implementing the National Highways projects. The court not being an expert body cannot interfere with the opinion of such experts in the matter of expansion of road projects or for implementing four lanning of roads.
8.In the present case, the petitioner has submitted a representation and the said representation was meaningfully considered by the first respondent by appointing an Independent Engineer who in turn inspected the site, reviewed, examined and thereafter, submitted a report. The said report was further reviewed by the first respondent and a detailed reasons are given for
Page 6 of 8
W.P.No.2611 of 2023
the purpose of rejecting the request made by the writ petitioner. The reasons
stated cannot be brushed aside. Thus the petitioner has not established any acceptable grounds for the purpose of considering the relief as such sought for in the present writ petition.
24.08.2023
cse
Index:Yes/No Speaking order/Non-speaking order Neutral Citation:Yes/No
To
2.The District Collector, Union Territory of Puducherry, I Floor, New Revenue Complex, Vazhudavoor Road, pettaiyanchathiram, Puducherry – 605 009.
Page 7 of 8
W.P.No.2611 of 2023
S.M.SUBRAMANIAM, J.
cse
W.P.No.2611 of 2023
24.08.2023
Page 8 of 8
2 issues framed by the court
Whether the High Court can interfere with the expert report of the NHAI rejecting the request for a median opening due to safety norms.
Whether the respondents satisfactorily considered the petitioner's representation and provided adequate reasons for rejecting the request.
2 provisions across 2 enactments
Avinshree International School Rep. by its Chairman/Correspondent Mr.T.Vasudevan
The Deputy General Manager (Tech) & Project Director, Project Implementation Unit – Puducherry, National Highways Authority of India
The District Collector, Union Territory of Puducherry
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
