Punjab-Haryana High Court
Kk Yadav vs Union Of India Ministry Of Surface ... on 7 November, 2017
Bench: Ajay Kumar Mittal, Amit Rawal
CWP-3790-2015 1
213
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP-3790-2015
Date of decision : 07.11.2017
K.K. Yadav
... Petitioner(s)
Versus
Union of India and others
... Respondent(s)
CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL
HON'BLE MR. JUSTICE AMIT RAWAL
Present: Mr. Jai Vir Yadav, Advocate with
Mr. Nikul Verma, Advocate
for the petitioner.
Mr. Vikas Soni, Advocate
for respondent Nos.2 & 3.
Mr. Sandeep Moudgil, Addl. A.G., Haryana,
for respondent No.4.
****
AJAY KUMAR MITTAL, J. (ORAL)
Prayer in the present writ petition by way of Public Interest Litigation under Articles 226/227 of the Constitution of India, inter alia, is for issuance of a writ, order or direction to the respondents for construction of Elevated Highways or Grade Separators at Industrial Model Township (IMT) Manesar (Gurgaon) from 47 KM Stone to 51 KM Stone i.e. from the point of IMT Chowk to beyond the terminating point of Northern Boundary Wall of National Security Guards (NSG).
2. Learned counsel for respondent Nos.2 and 3/NHAI referred to the Minutes of the Meeting chaired by Hon'ble Minister (RT&H) on 1 of 3 ::: Downloaded on - 11-11-2017 01:36:41 ::: CWP-3790-2015 2 01.06.2017 at 11.00 a.m. at Transport Bhawan, New Delhi on Dwarka Expressway and Katra-Delhi Expressway, wherein, in Item No.3, it has been noted as under:-
''3. Shifting of the Kheriki Dhaula Toll Plaza:
Kherki-Daula Toll Plaza had emerged as a major traffic choke-point leading to huge outcry from the commuters. The Chief Minister, Haryana had also made a reference to the Hon'ble Minister in this behalf. As such, it was observed that a solution would need to be found for buy back of the Kherki Dhaua toll plaza and its shifting at a place about 1 to 1.5 kms before the KMP Intersection on NH-8, in view of the congestion on NH-8, request of Govt. of Haryana and the proposed development of Dwarka Expressway. The Hon'ble Minister desired that the NHAI may hold consultations with the Concessionaires in the first instance to take the process forward. Further, the NHAI may also need to buy-back the stretch of about 13-14 kms (from Kherki Daula to KMP Interchange on NH8) from the Pink City Concessionaire. A 6- lane elevated highway would also need to be constructed in Manesar village for smooth flow of traffic. Rajasthan Division of NHAI would make a suitable proposal for (i) the buy-back of the stretch from Kheriki Daula to KMP Interchange from the existing concessionaire, (ii) Construction of an elevated 6-lane Section through Manesar village, and (iii) upgradation of NH- 8 up to KMP Interchange, with the establishment of a Toll Plaza at a suitable location before the KMP Interchange as a stand-alone project to be executed on EPC mode. The Hon'ble Minister, RTH agreed to the above proposals in principle.''
3. A copy of the said minutes of the meeting is taken on record, subject to all just exceptions.
4. In view of above, learned counsel for the petitioner submitted
2 of 3 ::: Downloaded on - 11-11-2017 01:36:43 ::: CWP-3790-2015 3 that the present writ petition has been rendered infructuous and the same may be disposed of as such.
5. Ordered accordingly.
( AJAY KUMAR MITTAL ) JUDGE ( AMIT RAWAL) 07.11.2017 JUDGE Yogesh Sharma Whether speaking/reasoned Yes/ No Whether Reportable Yes/ No 3 of 3 ::: Downloaded on - 11-11-2017 01:36:43 :::