Delhi High Court
Vasant Vihar Welfare Association ... vs Lt. Governor Of Delhi & Ors. on 3 May, 2017
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgement delivered on: 03rd May, 2017
+ W.P.(C) 6067/2014 & CM Nos.14770/2014, 10270/2015
VASANT VIHAR WELFARE
ASSOCIATION & ORS. ..... Petitioners
Through : Mr.Rajshekhar Rao & Mr.Sameer
Dawar, Advocates.
versus
LT. GOVERNOR OF DELHI & ORS. ..... Respondents
Through : Mr.Arun Bhardwaj, CGSC for
respondent Nos.3&4/UOI.
Mr.Shlok Chandra, Advocate for
DDA.
Mr.Varun K Chopra, Advocate for
NHAI.
Ms.Megha Srivastava, Advocate for
respondent No.9/DUAC.
Mr.Anurag Kumar and Ms.Sakshi
Popli, Advocates for PWD and Forest
Department.
Inspector Shiv Kumar, TI/Vasant
Vihar Circle and SI Ram Tirth, Pairvi
Officer(Traffic) in person.
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
HON'BLE MR. JUSTICE YOGESH KHANNA
S.RAVINDRA BHAT, J. (Oral)
1. This petition was filed originally seeking intervention in the
form of direction to quash the Notice Inviting Tender (NIT) dated
01.07.2014 proposing the construction of (1) Flyover on portal
Structure Linking Existing Munirka Flyover in the East to the point
beyond Army RR Hospital in the West on the Outer Ring Road and
(2) Underpass at junction of BJ Marg and Inner Ring Road. SH:- C/o
Elevated road. Underpass, Ramps, Skywalk, RCC drain. Footpath,
cycle track widening/strengthening of road, rain water harvesting
scheme, electrical works and other allied works.
2. The proceedings were treated as a public interest litigation and
the Court sought the status report on affidavits of various agencies.
The order dated 18.01.2017 dealt with the surviving issue with
respect to the proposal for construction of an underpass at Mahipalpur
Crossing. Indeed that proposal was forwarded to PWD and the
government agencies in Delhi and received by the NHAI and sent to
the consultant. The PWD also stated that the approvals of the AAI,
NHAI, DIAL and the Ridge Management Board were sought.
3. The Court therefore directed as follows :-
"The learned counsel appearing for the DDA shall
file a status report with regard to the steps taken
by it for connecting the DDA Mahipalpur by-pass
road with NH-8. The same be done within four
weeks. The respondents shall also file a status
report indicating the steps taken by them with
regard to each of the proposals mentioned at 0.70
and 5.2 of the RITES report which are at pages
265 and 364. The same be filed within four
weeks."
4. Further to the said order, DDA has filed status report and the
relevant portions dealing with the proposals i.e. construction of
bypass at Mehrauli - Mahipal Pur Road reads as under:-
"12. Proposal P4: Develop alternative routes for
Delhi-Gurgaon movement
a. P4.1: Geometric Improvements at junction of
Baba Ganganath Marg, Nelson Mandela Road
(NMR) and Munirka Marg
b. P4.2: Bypass to Mehrauli Mahipalpur Road
(MMR) (PWD proposal)/New Road proposal by
DDA at Mahipalpur.
13.Proposal P4.1 is being submitted to competent
authority for approval.
14.Proposal P4.2 is handed over to NHAI by
PWD. Sh.Ashok Sharma, General Manager (T)
and Project Director, NHAI has taken over the
same vide his letter no PIU/DH06/12/2016-
17/2203 dated 14.02.2017. Copy of the same
enclosed as Annexure R-2."
5. The Delhi Traffic Police has also filed its status report
including the volume count of vehicles on DDA Bypass from
Mehrauli - Mahipal Pur to DDA Bypass land. This indicate that the
volume of traffic on 03.01.2017 is to the extent of over 15000 on one
stretch and 21000 on the other side; likewise on 04.01.2017 it was
20814, 12957. Similar statics for other days i.e. 05.01.2017,
06.01.2017, 18.02.2017 to 20.02.2017 are made available.
6. This indicate that on an average between 20-30 thousands
vehicles plies on both sides of road. Given these factors, the
respondents have to decide the time frame within which proposals
have to be executed.
7. The affidavits filed by the various agencies indicate that
UTTIPEC has approved in principle the proposal for construction of
under pass and by-pass road. Apparently the by-pass is to the extent
of 1½ KM or so.
8. Having regard to the density of the built up structure and the
population as well as the congestion of the vehicular traffic leading to
the airport, the Delhi Traffic Police and other local authorities would
have also to consider the convenience of the local public at the stage
of construction of the by-pass if undertaken.
9. Keeping this in mind all these facts, this Court is of the opinion
that all concerned authorities viz DDA, NHAI, AAI, PWD, GNCTD
should in one or two sittings consider the overall feasibility after
taking into account the views of the Airport Authority of India, DIAL
and other such stack holders. The Project Director, Gurgaon, NHAI;
Vice-chairman - DDA; concerned head of departments of PWD or
Engineer-in-chief; and the Commissioner of Delhi Traffic Police
shall hold a joint meeting for this purpose within next four weeks
from today which shall be convened by the Vice-Chairman, DDA,
who shall record their decisions. This meeting shall also indicate the
time frame within which the proposal shall be processed and
executed, if approved.
10. The decision shall be communicated by the Government of
NCT of Delhi to the petitioner independently. It is also clarified that
the concerned agencies who would decide the matter would take into
consideration all relevant material substances for achieving the goals
indicated in the paragraphs P3 and P4 of the RITES report.
11. In view of above, the writ petition and pending miscellaneous
applications are disposed of.
12. Order dasti.
S. RAVINDRA BHAT, J
YOGESH KHANNA, J
MAY 03, 2017
M
