Allahabad High Court
Sunil Kumar vs Union Of India And 4 Others on 14 November, 2024
Author: Manoj Kumar Gupta
Bench: Manoj Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:179241-DB HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (Sl.No. 10) Court No. - 21 Case :- WRIT - C No. - 33330 of 2024 Petitioner :- Sunil Kumar Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Arun Kumar Sharma Counsel for Respondent :- A.S.G.I.,C.S.C.,Pranjal Mehrotra,Swetashwa Agarwal Hon'ble Manoj Kumar Gupta,J.
Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Arun Kumar Sharma, learned counsel for the petitioner, Sri Pranjal Mehrotra, learned counsel for the respondents no. 1 and 2 and Sri Rajiv Gupta, learned Additional Chief Standing Counsel for the State respondents no. 3, 4 and 5.
2. The prayer made in the instant petition is for a direction to the respondent authorities to remove all obstacles in the construction of side lane/service road at Highway No. NH91 (Aligarh-Kanpur Section) at Village Lokhara, Kurawali, District Mainpuri as per direction dated 13.12.2023 passed in Writ C No. 33881 of 2023 (Sunil Kumar vs. Union of India and 4 Others).
3. The aforesaid writ petition was filed by the petitioner for a direction to the respondents to complete the construction of service road at the side of Highway no. NH 91 on the route of Village Lakhora Kurawali, District Mainpuri, which was disposed of by a Coordinate Bench by order dated 13.12.2023 with the following directions and observations:-
"4. Considering the facts and circumstances of the case, we find that so far as the disputes regarding Gata No. 1419/1 and Gata No. 1443 are concerned, they are trivial in nature and may be resolved by NHAI and State amicably. So far as the impediment in respect of Gata No. 1447 is concerned, an application for amicable settlement may be made. We propose that the Collector concerned may take remedial measures so that aforesaid impediment may be removed without any further delay due to which, the cost of construction would also escalate. Accordingly, we dispose of this writ petition with a direction to the District Magistrate, Mainpuri to have negotiation in the matter except Gata No. 1447, in respect of which civil case is pending consideration before the court. Even in the said proceeding, he may entertain and press the relief before the competent civil court in case it is mutually negotiable."
4. As recorded in the aforesaid order, admittedly a civil suit is pending in respect of Gata No. 1447. The stand taken by N.H.A.I before us is that it tried to obtain title over the land over which service road was to be constructed but the same could not materialize. Therefore, it had de-scoped the construction of service road from the agreement of the concessionaire, who was given contract to construct the highway and the service road. The written instructions provided in this behalf by the Project Director, N.H.A.I. dated 17.9.2024 has been placed on record. The communication dated 20.8.2024 addressed to Competent Authority duly apprising him of the decision of N.H.A.I. to de-scope the work relating to construction of service road has also been placed on record.
5. The decision of the Authority to de-scope is an administrative decision taken by the Authority and which is not in question before us. There is consequently, no scope for issuing any direction as has been sought for in the instant petition.
6. The petition is accordingly, disposed of without giving any further direction.
Order Date :- 14.11.2024 Kirti (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.)