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Delhi High Court - Orders

Court On Its Own Motion vs Delhi Cantonment Board on 18 June, 2025

Bench: Prathiba M. Singh, Manmeet Pritam Singh Arora

                          $~2 (SDB)
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +               W.P.(C) 8370/2025
                                COURT ON ITS OWN MOTION                     .....Petitioner
                                              Through:
                                              versus
                                DELHI CANTONMENT BOARD                      .....Respondent
                                              Through: Mr. Dhruv Rohatgi & Mr. Dhruv
                                                         Kumar, Advs. for PWD along with Mr.
                                                         C.B. Singh
                                                         Mr. Tarveen Singh Nanda, Standing
                                                         Counsel for DCB with Mr. Alkesh
                                                         Sharma, Ex. Engineer.
                                                         Mr. Amit Tiwari, CGSC with Mr.
                                                         Ayush Tanwar & Ms. Ayushi
                                                         Srivastava, Advs. for DTP
                                                         Mr. Sameer Srivastava, Traffic
                                                         Inspector & Mr. Devendra Sngh, ASI,
                                                         Parvi Officer (Traffic).
                                CORAM:
                                JUSTICE PRATHIBA M. SINGH
                                JUSTICE MANMEET PRITAM SINGH ARORA
                                              ORDER

% 18.06.2025

1. This hearing has been done through hybrid mode.

2. The present is a suo moto writ petition initiated by the Court for construction of pathways for Indian Army Soldiers belonging to the Rajputana Rifles Regiment to cross the ring road in Delhi Cantonment area. On the last hearing i.e., 30th May, 2025, the Court had -

(i) directed the Nodal Officer from Delhi Cantonment Board (hereinafter, 'DCB') to conduct a meeting on 3rd June, 2025 regarding cleaning and beautification of the culvert/pathway.
(ii) issued notice to Deputy Commissioner of Police (Traffic), Delhi W.P.(C) 8370/2025 Page 1 of 6 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/06/2025 at 21:22:52 Police to consider the feasibility of constructing a traffic signal and a zebra crossing at the relevant location, to enable the jawans to safely cross the Ring Road at fixed timings.

3. Pursuant to the above directions vide order dated 30th May, 2025, three reports have been submitted by the following authorities. a. The first status report has been filed by the Deputy Commissioner of Police (Traffic), New Delhi Range, Delhi on 17th June 2025. The said report reads as under: -

"1. Most respectfully it is submitted that, Hon'ble Court vide its order dated 30.05.2025 has directed the undersigned to look into the feasibility of installing a traffic signal and creating a Zebra crossing in the relevant spot in a manner so as to ensure that vehicular movement is also not obstructed or impeded in any manner and for limited time, only twice a day.
2. That, in compliance of the said order a request was sent to Central Road Research Institute (CRRI) to conduct survey and check the feasibility of installation of traffic signal and construction of FOB.
3. Subsequently, CRRI has informed undersigned that the survey has been already conducted of the said location i.e. Ring Road in Delhi Cantonment area. CRRI has submitted its report wherein it was recommended by considering the quantum of pedestrian movement as well as the prevailing in- human condition at the site and the absence of the basic safe crossing facility for the saviours of our Nation that the feasibility of the Foot Over Bridge (FOB)is fully justified. Accordingly, Public Works Department (PWD) of Delhi has agreed to construct the FOB which is reiterated in the Hon'ble Court Order.
4. Further, as per CRRI survey the proposed interim arrangement in the form of at grade crossing facility W.P.(C) 8370/2025 Page 2 of 6 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/06/2025 at 21:22:52 with the operation of Pedestrian Signal would entail huge congestion and safety hazards on the Ring Road on both directions of travel as the entire Ring Road is signal free having Flyovers and the sudden introduction of an At-Grade Crossing Facility and that too on the Horizontal Curve of the road would endanger serious safety implications and hence not recommended.

5. Moreover, it was also recommended by CRRI that a temporary arrangement in the form of Bailey bridge Crossing can be constructed as a stop gap safer arrangement by availing the services of the concerned unit of our Army, till the permanent FOB is constructed. It may be recalled such a facility was created by our Army within a week during the Commonwealth Games 2010 as a contingency measure.

6. Copy of the said survey report is enclosed herewith for kind perusal of Hon'ble Court"

b. The second report dated 17th June 2025 has been filed by DCB. As per the said report, inspection was carried out on the site and the following works were completed in coordination by the Public Works Department (hereinafter. 'PWD').
"8. It is humbly brought to the notice of this Hon'ble court that during the site visit, it was observed that the following works were completed by PWD:-
a) All the malba, stones, C&D waste and other waste material removed from the culvert.
b) Interlocking tiles provided inside culvert with proper slopes.
c) Drain provided along the wall of the culvert to drain out water.
d) Lighting arrangement made inside the culvert.
e) Pump provided outside the culvert.

It was also observed that the following work are pending/in progress:-

a) White washing of walls & ceiling of culvert is W.P.(C) 8370/2025 Page 3 of 6 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/06/2025 at 21:22:52 pending since the surface is wet due to repairs.

b) Removal of silt retrieved from cleaning of drain outside culvert is in progress."

c. The third report has been filed by the PWD, in which it is reported as under:-

"1. The present is a Suo moto writ petition initiated by the Hon'ble Court for construction of pathways for Indian Army Soldier belonging to the Rajputana Riffles Regiment to cross the Ring Road in Delhi Cantonment area through culvert/ pathway/land used for crossing the road which is under the jurisdiction Public Works Department and that it had convened a meeting for construction of Foot Over Bridge for facilitating the relevant purpose. In this context the court has directed to the Sh. Chandra Bhushan Singh, Superintending Engineer that construction of Foot Over Bridge may proceed and parallelly the entire walking path be cleaned, some basic tilling be carried out within the culvert, and all malba, stones, and other hazardous materials are duly removed. As per direction of Hon'ble Court a meeting was held with Delhi Cantonment Board on 3rd June,2025 at 11:00 A.M.
2. Joint inspection conducted by authorized representative of Traffic Police, Delhi Cantt. with PWD officer of the relevant spot on 13/06/2025.
3. Cleaning and Beautification the culvert/pathway work has been completed within schedule time. After completion of work as Nodal Officer Delhi Cantonment Board inspected work site on 16.06.2025. The work Completed Photograph are enclosed here with for kind perusal."

4. After a conjoint reading of the reports and after considering the submissions made by ld. Counsel for the parties, it is clear that the cleaning of the culvert and pumping out of water cannot be a permanent solution as the culvert merely enables soldiers to pass but considering the size of the culvert, it takes considerable time for the soldiers to pass through the same to reach W.P.(C) 8370/2025 Page 4 of 6 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/06/2025 at 21:22:52 the Parade Grounds. It appears that a proper solution would have to be found for the movement of soldiers across the said road. One of the immediate solutions suggested by the Delhi Traffic Police (hereinafter, 'DTP') is the construction of a Bailey Bridge as was done during the Commonwealth Games, which is a quick solution for enabling the soldiers' movement in an expedited manner. However, the final/permanent solution would obviously be a Foot Over Bridge ('FOB') which would have to be constructed by the PWD.

5. In view of the said submissions, this Court is of the opinion that both the temporary Bailey Bridge and the permanent FOB have to be erected and executed in coordination with the DCB, keeping in view its operational requirements, with a view to ensuring smooth movement of soldiers across the Ring Road while also safeguarding public safety and soldiers' safety as also minimising traffic congestion.

6. Accordingly, let the PWD and the DCB along with the DTP hold a joint meeting on 10th July, 2025 in the Conference Hall of the DCB to consider the following:-

(i) As an immediate solution, construction of a Bailey Bridge for enabling the soldiers to cross over the Ring Road. For the said purpose, if the services of any other agency of the Army or otherwise are required, the DCB is free to avail of such services.
(ii) Let a plan be also finalised for the construction of the FOB and a design consultant be hired by the PWD for the said purpose and a report be submitted in respect of the design, the budget and the timeline for construction of the bridge.
W.P.(C) 8370/2025 Page 5 of 6

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/06/2025 at 21:22:52

7. Let a report in this regard be submitted by the next date of hearing. Mr. Alkesh Sharma who has been appointed as the Nodal Officer shall coordinate the said meeting. It is made clear that the cost of construction of these bridges shall be borne by the PWD, as the FOB, as is emerging from the record, was approved way back in 2010 and has not been constructed for whatever reason.

8. Insofar as the culvert is concerned, a perusal of the photographs placed on record indicates that it has now been cleaned and certain landscaping measures have also been undertaken. It is further noted that a pump has been installed to drain any water that may accumulate in the culvert during the monsoon season. In view of the culvert's persisting necessity for movement until the proposed bridges are constructed, the following directions are issued

(i) PWD shall ensure its maintenance on a regular basis so that there is no water logging in the culvert so as to ensure that no impediment is caused for the movement of the soldiers;

(ii) The pumping out of water shall also be monitored on a regular basis.

9. List on 28th July 2025. Status report on all the above aspects be submitted by all the agencies, viz., DJB, DCB and DTP.

PRATHIBA M. SINGH (VACATION JUDGE) MANMEET PRITAM SINGH ARORA (VACATION JUDGE) JUNE 18, 2025 kk/Ar.

W.P.(C) 8370/2025 Page 6 of 6

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/06/2025 at 21:22:52