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Uttarakhand High Court · body

2016 DIGILAW 788 (UTT)

Ravindra Jugran v. Union of India

2016-11-07

ALOK SINGH, RAJIV SHARMA

body2016
JUDGMENT : Rajiv Sharma, J. 1. The question of great public importance has been raised in this petition. Startling revelation has been made in this petition that the flyovers at ISBT and Ballupur situate at Dehradun, have not been completed till date. The completion of Ballupur flyover was to be done by 30.11.2015 and ISBT flyover was also to be done in the year 2015. 2. The Court can take judicial notice of the fact that the Government Projects are delayed, causing uncalled for loss of public revenue. 3. The construction of flyovers at ISBT and Ballupur, Dehradun has been assigned to Engineering Projects India Ltd. (EPIL). It is a Govt. Undertaking. The Public Works Department is the nodal agency. 4. Accordingly, in the larger public interest, EPIL is directed to complete the flyovers at ISBT, Dehradun and Ballupur, Dehradun within a period of six months from today positively. 5. The Managing Director (EPIL) and Secretary (PWD) of the State of Uttarakhand shall be personally liable for the construction of the flyovers within the stipulated period of six months. 6. The petitioner has also brought to the notice of this Court that though the flyovers at General Mahadev Singh Road (GMS), Balliwala, Dehradun has been completed, but it lacks the basic amenities, as per the National Highway Act 1956. 7. Accordingly, there shall be direction to the EPIL to provide necessary basic amenities i.e. lighting, service road, drainage and pedestrian path, as visualized under the law within a period of three months from today. 8. The Managing Director of EPIL along with Secretary (PWD) of the State of Uttarakhand shall be personally liable to provide the infrastructure at GMS Road, Dehradun flyover. 9. The Secretary, Ministry of Road Transport and Highways is directed to hold inquiry for the delay in execution of flyovers at ISBT, Dehradun and Ballupur, Dehradun within six months from today. The Secretary, Road Transport and Highways shall fix the personal responsibility of each and every officer/officials who is/are responsible for delay of construction of the flyovers at ISBT, Dehradun and Ballupur, Dehradun, causing loss of public revenue and inconvenience to the general public. 10. The Court has taken judicial notice of the fact that throughout the State of Uttarakhand, there are number of incomplete bridges, for the reasons best known to the Authorities concerned. These are also required to be completed in a time-bound manner. 11. 10. The Court has taken judicial notice of the fact that throughout the State of Uttarakhand, there are number of incomplete bridges, for the reasons best known to the Authorities concerned. These are also required to be completed in a time-bound manner. 11. There shall be direction to the Secretary PWD of the State of Uttarakhand to ensure that all the incomplete bridges are completed within a period of one year from today. 12. Learned counsel for the petitioner has submitted that the Executive Engineer (PWD) has been appointed as Highway Administration under Section 3 of the Control of National Highways (Land and Traffic) Act, 2002. It is absolutely erroneous. An officer of suitable rank not below the rank of Chief Engineer ought to have been appointed as Highway Administration to exercise powers and discharge functions conferred under the Control of National Highways (Land and Traffic) Act, 2002. The duties to be discharged by the Highway Administration are to prevent the unauthorized occupations of Highway land and their removal and also to control access to the National Highways. The duties to be discharged by the Highway Administration are of utmost public importance. 13. The National Highways are the lifelines of the citizens and it is the duty of the officer/officials appointed under the said Act to maintain them in proper condition and to ensure that there is no unauthorized occupations and encroachment of National Highways and the access to Highways is also controlled, as per law. 14. Accordingly, there shall be direction to the Central Govt. to notify any Chief Engineer of PWD in the State of Uttarakhand to be the Highways Administration to exercise his powers and its functions under the said Act within a period of three weeks from today by revoking the earlier notification, whereby the Executive Engineer has been appointed as an Highway Administration under Section 3 of the said Act. 15. Learned counsel for the petitioner has also brought to the notice of the Court that though, the Tribunal, as visualized under Section 5 of the said Act, has been constituted, but no Presiding Officer has been appointed till date. 16. Accordingly, there shall be direction to the Secretary, Road Transport and Highways to appoint a Presiding Officer of a suitable rank within a period of two months from today positively. 17. 16. Accordingly, there shall be direction to the Secretary, Road Transport and Highways to appoint a Presiding Officer of a suitable rank within a period of two months from today positively. 17. Similarly, the EPIL is directed to provide basic infrastructure, such as, sufficient lighting and drainage and also to provide a suitable pedestrian path at Balliwala flyover, Dehradun, within a period of three months from today. 18. In view of the mandatory directions issued herein above, the petition stands disposed of. 19. These orders be obeyed punctually. The transgression/breech of these orders may result in initiation of contempt proceedings against the defaulters, besides ordering the disciplinary proceedings against the officers. 20. It is made clear by way of abandoned precaution that in case the flyovers at ISBT, Dehradun and Ballupur, Dehradun are not completed as ordered herein above, the Court may order the suspension of Managing Director of EPIL by invoking the principle of public accountability. 21. Pending application, if any, also stands disposed of.