PIL petition seeking construction of an under-pass on National Highway No.76. The Court dismissed the petition, noting an under-pass exists nearby and the highway construction is complete, leaving no scope for further directions.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition (PIL) No. 3227/2019
Versus
----Respondents
For Petitioner(s) : Mr. Gajender Singh Rathore For Respondent(s) : Mr. R.S. Mankad, Mr. Bhanu Pratap Bohra
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SANDEEP MEHTA
Order
26/10/2021
In this petition filed in the nature of public interest litigation, the petitioners have taken up the issue of providing an under-pass on National Highway No.76 near Village Bhatewar, Tehsil Vallabnagar, District Udaipur. According to the petitioners, an existing pathway, which enabled the villagers to access their agriculture land and areas to the other side of the road, has been blocked by the NHAI where the Authority constructed an elevated National Highway. In this context, the request of the petitioners is
(2 of 2)
[CW-3227/2019]
that the NHAI should construct an under-pass through the said highway to ensure easy access to the villagers to the other side of the road.
The case of the respondents is that the entire construction of the highway is over. Technical feasibility report was called for. It was found that there is an under-pass at a distance of only 157 meters from the spot where the petitioners suggest that another under-pass should be constructed. The respondents also relied upon the national policy, which envisages that whereever an under-pass is available within the vicinity of two kilometers, another under-pass may not be necessary. According to the respondents, on account of the availability of two way under-pass very close to the existing spot, there was no need for constructing another one.
We do not find any reason to entertain this petition. When it is pointed out that under-pass has already been constructed within a short distance from the place where the petitioners suggest another under-pass should be constructed and the entire construction of the highway is completed, there is no further scope for issuing any directions. Essentially, where the under-pass should be located on the national highway must be based on several considerations such as technical feasibility, road safety and other measures which the NHAI may examine.
In the result, the petition is dismissed.
(SANDEEP MEHTA),J
(AKIL KURESHI),CJ
39-MohitTak/-
Kalu Lal
Rajendra Kumar
Union Of India
National Highway Authority of India
Project Director NHAI
District Collector
Akil Kureshi
Sandeep Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
