Fight For Human Rights vs Govt Of Nct Of Delhi And Anr
2017 Latest Caselaw 4694 Del

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*IN THE HIGH COURT OF DELHI AT NEW DELHI

+                      W.P.(C)No.10285/2016

%                             Date of decision : 1st September, 2017

       FIGHT FOR HUMAN RIGHTS            ..... Petitioner
                    Through : Ms. K.R. Chitra, Adv.

                         versus

       GOVT OF NCT OF DELHI AND ANR     ... Respondents
                              Through : Mr.         Gautam
                              Narayan, ASC, GNCTD with
                              Mr. R.A. Iyer and Ms.
                              Mahamaya Chatterjee, Advs.

       CORAM:
       HON'BLE THE ACTING CHIEF JUSTICE
       HON'BLE MR. JUSTICE C.HARI SHANKAR

                         JUDGMENT (ORAL)

GITA MITTAL, ACTING CHIEF JUSTICE

1. This writ petition is filed by the writ petitioner seeking the following prayers :

"a) Direct respondent - 1 to remove all metal structures and tiles etc. dismantled from BRT corridor between Moolchand and Ambedkar Nagar New Delhi covering length of 5.8 KM of whole corridor immediately and in any case within a period of 7 days.

b) Direct respondent - 2 to grant the requisite approval to the project of construction of 6 half sub-merged sub-ways along the whole stretch.

c) Direct respondent no.1 to relay the road in a motorable condition so that the motorists, public transport vehilcles, cyclists, pedestrians are able to use the whole stretch of road, smoothly without any hindrance and danger to their lives and property. The whole exercise may be directed to be completed positively within a period of one month from the date of order being passed by this Hon'ble Court."

2. The respondents have filed a short response dated 20th February, 2017 wherein it has been stated that the process of dismantling of structures relating to Bus Rapid Transport (BRT) is underway. We are informed by Mr. Gautam Narayan, ld. Additional Standing Counsel for the GNCTD, on instructions from Mr. Rajneesh, Executive Engineer (PWD), who is present in court, that all the steps for dismantling of BRT corridor as well as removing of structures thereto and relaying of roads has been completed.

3. So far as the prayer (b) is concerned, the reply of the respondents shows that the same entails consideration of the feasibility of constructing the half submerged subways. We find that the respondents have stated that the possibility thereof shall be examined.

4. In view of the above, this writ petition does not need to detain us any further which is accordingly disposed of.

ACTING CHIEF JUSTICE

C.HARI SHANKAR, J SEPTEMBER 01, 2017 aj