Devinder Sehrawat vs Union Of India & Ors
2019 Latest Caselaw 3264 Del

$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                  Date of decision: 17th July, 2019

+      W.P.(C) 8686/2018 and CM Nos.33337/2018, 48394/2018

       DEVINDER SEHRAWAT                   ..... Petitioner
                    Through: Mr. Manu Mridul, Mr. Sumit
                    Mamgain, Mr. Shalaj Mridul, Advs.


                          versus



       UNION OF INDIA & ORS                    ..... Respondents
                     Through: Mr. Rajesh Gogna, CGSC for
                     R-1 and 3 with Mr. Kamaldeep, Adv. and
                     Mr. Rajiv Sharma, EE (CPWD)
                     Mr. Sanjeev Sagar, SC-DDA with Ms. Nazia
                     Parveen, Adv. for R-4/DDA
                     Ms. Garima Prashad, SC for R-5/DMRC
CORAM:-
HON'BLE THE CHIEF JUSTICE
HON'BLE MR JUSTICE C. HARI SHANKAR

                         JUDGMENT

D.N.PATEL, CHIEF JUSTICE (ORAL)

CM No.48394/2018 (condonation of delay)

1. For the reasons stated in the application, delay is condoned.

2. The application is allowed and disposed of.

W.P.(C) 8686/2018

1. This Public Interest Litigation has been preferred for the following prayers :

"a) pass necessary directions to the Respondents to make provisions for a safe passage for the residents in the ongoing construction for:

i. the safe access for residents of Mahipalpur, Arjun Camp and JJ cluster and surrounding colonies to for their daily needs as well as the Cremation Ground (shamshan bhoomi); which will help the residents of the area, who are not only risking their life everyday but also hazards to the smooth flow of traffic, resulting in huge traffic jams; and

ii. Safe access/passage near the underpass at E-2 Red Light, Main Vasant Kunj-

Mahipalpur Road, Near Defence Enclave, Mahipalpur village to facilitate thousands of residents crossing road dangerously which will prevent accidents and save precious life; and

iii. Pass necessary directions for the construction of an under-Ground Storm Water Drain from the Vasant Valley School to Mahipalpur Village. Under Ground Storm

Water Drain to drain out rain water from Vasant Kunj area to Mahipalpur, which flows on top of the Roads thus flooding the Vasant Kunj Sectors and Gurugram Highway. This underground drain is not included in current project being carried out by the CPWD; and

b) for such order and further orders, as this Hon'ble Court may deem fit and proper in the circumstances of the case."

2. Having heard learned Counsels for both sides and looking to the facts and circumstances and also looking to the counter affidavit filed by the Respondents No.1 and 3 it appears that the construction of the flyover and under-bridge is already over and is dedicated to the public at large on 28th February, 2019.

3. It further appears from the counter affidavit filed by the Respondents No. 1 and 3 that adequate care has been taken as stated in paragraph 7 at page 68 of the affidavit about the traffic congestion, water logging etc. So far as the access to the cremation ground is concerned, it is submitted by Counsel for the Respondents No. 1 and 3 that there is a footpath for accessing the cremation ground. It is true that sometimes when the over-bridge is being constructed, somebody has to take a U-turn and has to come back but it does not mean that there is no access to the cremation ground at all. Whenever any facility is being provided like flyover/under-bridge, there is bound to

be some difficulty with few of the persons but against the public interest, private interest cannot be looked into.

4. In view of these observations, we see no further reason to monitor the construction of the flyover and the under-bridge because it is already over and the facilities are available with the public at large and the difficulties about the traffic congestion etc has been reduced.

5. Hence, this writ petition is hereby disposed of.

CM No.33337/2018

6. In view of the order passed in the writ petition, this application stands disposed of.

CHIEF JUSTICE

C. HARI SHANKAR, J.

JULY 17, 2019/kr