Rajasthan High Court - Jaipur
Nityendra Manav vs State Of Raj And Ors on 29 January, 2018
Bench: Mohammad Rafiq, Goverdhan Bardhar
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
D.B. Writ Miscellaneous Application No. 30 / 2018
In
D.B. Civil Writ (PIL) Petition No.4657/2014
Nityendra Manav S/o. Shri Babu Lal Ji Arya, Aged About 34 Years,
Resident of Paota, Tehsil Kotputli, District Jaipur (Raj.)
----Petitioner/Non-Applicant
Versus
1. State of Rajasthan, Through Chief Secretary, Government of
Rajasthan, Secretariat, Jaipur (Raj.)
2. District Collector, Jaipur District, Jaipur (Raj.)
3. Additional District Collector and Land Acquisition Officer,
Kotputli, District Jaipur (Raj.)
4. Chief Engineer (National Highways), Public Works Department,
Rajasthan, Jaipur.
5. Executive Engineer, Public Works Department, State Highway,
Zone-I, Jaipur (Raj.)
Respondents/Non-Applicants
6. Director, National Highways Authority of India (Headquarters), Office At Plot No. G-5 And 6, Sector-10, Dwarka, New Delhi- 110075.
7. Project Director, National Highways Authority of India, Jaipur, Office At 156, Girnar Colony, Gandhi Path, Vaishali Nagar, Jaipur (Raj.) Respondents/Applicants
8. Project Director, Pink City Express Way Pvt. Ltd., Sangteda, Tehsil Kotputli, District Jaipur (Raj.)
----Respondents/Non-Applicants _____________________________________________________ For Applicant(s) : Shri Sandeep Pathak For Respondent(s) : Shri Ashish Sharma for State For Writ Petitioner : Ms. Mahi Yadav _____________________________________________________ HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE GOVERDHAN BARDHAR (2 of 4) [WMAP-30/2018] Order 29/01/2018 This application has been filed by petitioner-National Highway Authority of India, Jaipur (for short-`NHAI') with the prayer that the time for completion of project in question, which was originally fixed as one year in the order of this Court dated 28.3.2016, may be extended by four months.
It is contended that pursuant to the directions issued by this Court and NHAI could commence the construction of the flyover after the rainy season was over in the month of October, 2016. However, petitioner and local residents started agitation and demanded change in plan of construction and pressed for construction of another flyover just at the instance of 350 meters and alternatively asked for construction of a Vehicular Under Pass so that the heavy and bigger vehicles may pass. Therefore, the construction could not continue for some time. Again with the help of State administration, NHAI commenced the work in the month of March, 2017. In order to ensure smooth passage of pedestrians and secure their safety, it was decided that two Pedestrian Under Passes would be constructed in the approach of flyover at Paota Bus Stand so that small vehicles and pedestrians can cross the road. The delay thus has been caused in completion of the flyover due to dharna at the site of construction led by several persons. NHAI has been requesting the State Authorities to provide them help for doing the needful.
It is contended that accepting the proposal of the writ- petitioner would cause serious traffic jams/congestion and also (3 of 4) [WMAP-30/2018] increase possibility of accidents at the site in question. The unreasonable demand of the petitioner is causing serious difficulties for NHAI to complete the construction. Presently, 70% of the construction has already been completed, therefore, remaining construction cannot be halted.
Shri Ashish Sharma, learned counsel for the State has submitted that State is ready and willing to provide all kinds of assistance to NHAI for early completion of the flyover in view of the time schedule fixed by this Court.
Ms. Mahi Yadav, learned counsel for the original writ petitioner submits that construction of the flyover is not being made in conformity with the order passed by this Court inasmuch as the demand of the writ petitioner and the local public cannot be termed as unreasonable.
This application is meant only for seeking extension of time for completion of the flyover. The other issues whether or not there should be another parallel flyover just at the distance of 350 meters or construction of a Vehicular Under Pass for passage of heavy and bigger vehicles, are not matters to be decided by the Court.
The writ petitioner may take his remedy before the State Authorities or any other forum as may be available to him. However, while extending the time for completion of flyover concerned within three months from today, we direct the District Collector, Jaipur and Superintendent of Police concerned to provide every assistance to the NHAI for early completion of the flyover in question.
(4 of 4) [WMAP-30/2018] With the above directions and observations, the application is disposed off.
(GOVERDHAN BARDHAR)J. (MOHAMMAD RAFIQ)J. RS/17