Amit Sahni vs National Highway Authority Of ...
2019 Latest Caselaw 5343 Del

$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI

                                     Date of decision: 01 November, 2019

+      W.P.(C) 4237/2019

       AMIT SAHNI                                     ..... Petitioner
                           Through: Mr. Anshul Bajaj and
                           Mr. Aditya Chndra, Advs.


                           versus



       NATIONAL HIGHWAY AUTHORITY OF INDIA
                                                   ..... Respondent
                    Through: Mr. Sumit Gupta and
                    Ms. Aanchal Seth, Adv. for R-1


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

                           ORDER

%                          01.11.2019

D.N. PATEL, CHIEF JUSTICE (ORAL)
W.P.(C) 4237/2019

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

"i. Call for a report from the respondent regarding basic facilities available at Eastern/Western Peripheral Way i.e. Kundali-Manesar-Palwal and Kundali-Ghaziabad-Palwal (sic) expressway.

ii. Issue a writ in the nature of Mandamus or any other writ of like nature thereby passing order or direction thereby directing the respondents to ensure the basic amenities like Petrol Pumps, Toilet Complex, ambulance and emergency facilities, Eateries, Police Patrolling etc. on Kundli-Manesar -Pawal (KMP) and Kundli- Ghaziabad-Pawal Expressway.

iii. Further directions may kindly be passed that the wayside amenities be integrally planned and developed alongwith National Highways and such amenities be made operational by the respondent for all its future projects before the commencement of toll collection on all such highways, in order to ensure safety and security of the commuters AND for seeking further directions.

iv. Pass any other appropriate order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

2. Having heard counsel for the parties and looking to the facts and circumstances of the case, it appears that this petitioner is seeking availability of variety of facilities/amenities like petrol pump, toilet complex, ambulance, emergency facilities, eateries, police patrolling etc. on Kundali-Manesar-Palwal expressway as well as on Kundali- Ghaziabad-Palwal expressway.

3. It ought to be kept in mind that these types of facilities/amenities cannot be developed/introduced overnight by the respondents at a particular place. Some time is bound to be consumed by the respondents. We therefore direct the respondents to ensure the availability of the

facilities as mentioned in this writ petition on the aforesaid expressways as early as possible and practicable looking at the availability of the funds and priority of the other works pending with the respondents. Needless to say, if these facilities are already provided, the same shall be maintained by the respondents to ensure effective use.

4. With these observations, this writ petition is hereby disposed of.

CHIEF JUSTICE

C.HARI SHANKAR, J.

NOVEMBER 01, 2019/kr