Facts of the Case

The petitioners approached the Hon'ble High Court seeking appropriate directions regarding the construction of a Pedestrian Under Pass (PUP)/Flyover at Pipilia Chowk. During the proceedings, the National Highways Authority of India (NHAI) placed an affidavit before the Court stating that the construction of such infrastructure depends upon several technical and public interest considerations, including traffic intensity, availability of land, and feasibility.

The affidavit further disclosed that, after considering these factors, the competent technical authority had granted in-principle approval for construction of:

  • A 12 × 4 metre Pedestrian Under Pass (PUP);
  • 200 metres Slip Road on both sides with rigid pavement of 7 metres width;
  • 200 metres RCC covered drain at Pipilia Chowk;
  • Estimated project cost of ₹13.46 Crore (including GST) under the approved Change of Scope proposal.

It was also informed that preparation of the detailed estimate, design, drawings and, if necessary, additional land acquisition process were under progress before inviting a separate tender for execution of the work.

Issues Involved

  • Whether further judicial directions were necessary after NHAI had granted in-principle approval for construction of the proposed Pedestrian Under Pass and related infrastructure.
  • Whether the Court should continue monitoring the implementation of the proposed project.

Petitioners' Arguments

The petitioners sought implementation of suitable infrastructure at Pipilia Chowk for public convenience and safe movement of pedestrians and vehicles. They requested appropriate directions to ensure timely execution of the proposed project.

Respondent's Arguments

The National Highways Authority of India submitted that:

  • Construction of the proposed PUP/Flyover depends upon technical feasibility, traffic density, public interest and land availability.
  • The competent authority had already approved the project in principle under the Change of Scope proposal.
  • Detailed cost estimates, engineering design, drawings and land acquisition formalities were under process.
  • After completion of these formalities, the work would be executed through a separate tender process.

The learned counsel appearing for NHAI further clarified before the Court that the proposed Pedestrian Under Pass would be usable by motor vehicles including tractors and buses, though heavy trucks would not be permitted.

Court Order / Findings

The Hon'ble Orissa High Court observed that, in view of the affidavit filed by NHAI and the clarification made by its counsel regarding implementation of the approved project, no further judicial directions were required at that stage.

The Court observed that the petitioners would be at liberty to follow up with the concerned authorities for timely implementation of the approved proposal. Accordingly, the writ petition was disposed of.

Important Clarification

  • NHAI has granted in-principle approval for construction of the Pedestrian Under Pass, slip roads and RCC covered drain under the Change of Scope proposal.
  • The estimated project cost is ₹13.46 Crore (including GST).
  • The proposed PUP can be used by cars, tractors and buses, but not by trucks.
  • Since implementation was already under process, the High Court declined to issue any further mandatory directions and disposed of the petition.

Section Involved

  • Article 226 of the Constitution of India (Writ Jurisdiction of High Courts)

Link to Download the Order

https://www.mytaxexpert.co.in/uploads/1785391635_2315compressed.pdf

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