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2020 DIGILAW 257 (RAJ)

Arrive Safe a registered Society v. State of Rajasthan

2020-01-28

PUSHPENDRA SINGH BHATI, SANGEET LODHA

body2020
ORDER : 1. By way of this writ petition (PIL), the petitioner is seeking directions to the respondents to stop the construction of flyover intersection from Level Crossing No. 66 Hanumangarh Satipura i.e. TVU I39089 with that of Abohar Hanumangarh Town overpass flyover i.e. Road Over Bridge (ROB) with approaches in lieu of Level crossing No. C-66 Railway Km 89/2-3 on Bhatinda-Suratgarh section at Hanumangarh-Abohar Road (SH-7A) Km 3/0, till road safety audit of design stage is done and recommendation of audit report are included. 2. On 5.11.19, a Coordinate Bench of this Court after due consideration of the rival submissions, being of the opinion that the views of the expert agency regarding construction of such roads, over-bridges and flyovers ought to be taken into consideration by the State, issued directions in the following terms:- "10. Accordingly, we direct the State authorities to present their plan/designs before the National Highways Authority of India (NHAI). Since NHAI are carrying on various projects within the State of Rajasthan, we are of the considered view that if their opinion is taken, safety of persons using the road and passersby can possibly be safeguarded. 11. Accordingly, we direct the petitioner to implead National Highways Authority of India as respondent No. 12. 12. We also further direct that the appropriate officer of NHAI shall verify the original design as well as the modified design and make suggestions to this Court, by way of its opinion, in a sealed cover for consideration for completing this exercise at an early date. 13. Since it is asserted that the work has already progressed approximately 15-18%, we request Mr. Ankur Mathur to accept notice on behalf of NHAI authorities and to take up the issue at an early date and submit a report before this Court within a period of two weeks from today. Learned counsel for the petitioners and other respondents are directed to supply copy of the writ petition along with annexures/counter affidavits to Mr. Ankur Mathur. 14. In this regard, we also request State authorities to provide all necessary assistance regarding designs etc. to the NHAI, and if the petitioner is desirous, can also serve such suggestions as it deem fit in the matter. Necessary Report be placed before this Court in the fortnight. 15. Ankur Mathur. 14. In this regard, we also request State authorities to provide all necessary assistance regarding designs etc. to the NHAI, and if the petitioner is desirous, can also serve such suggestions as it deem fit in the matter. Necessary Report be placed before this Court in the fortnight. 15. Although the petitioner has prayed for interim direction to stop the work of the intersection, the learned Executive Engineer present in person before this Court states that, no intersection work has yet commenced, and therefore, we request the authorities concerned not to proceed with the intersection work and await the views of the NHAI. 16. In the meantime, we further direct that the PWD authorities will permit the Executive Engineer and the counsel for the PWD to visit Delhi and see the manner in which junctions are created at Dhaula Kuan as well as AIIMS Chowk, for allowing safe and free flow of traffic." 3. Pursuant to the directions issued by this Court as aforesaid, the expert committee of NHAI submitted the report in sealed cover on 6.1.2020 which was opened and the counsel appearing for the NHAI was directed to supply copy of the same to all the concerned parties and also to keep ready some officer present in Court on the next date for explaining the report in question. 4. The expert committee of NHAI after due consideration of existing details of location and design after site visit made suggestions to be incorporated in design for betterment as under:- "1. At U-turn location on both direction (Hanumangarh town direction and Abhohar direction) turning radius required to be kept as per swept path analysis considering movements of trucks/Multiaxle/trailer. It is advised to provide an additional lane towards Pond side at Hanumangarh town leg to facilitate safe merging of U turn traffic and traffic coming from Hanumangarh town side. (Refer IRC SP-41-1994 page 23) which states- The minimum turning radius standards shall be followed as per Cl. 4.5 of IRC : SP:41 (1994), "Guidelines for the design of At-grade intersections in rural & urban areas. As per this clause the turning radius for large Semi trailer should be 13.7 m. 2. Similar provisions is to be provided at the U-turn proposed towards Abohar leg for safe merging of running traffic and turning traffic. 3. 4.5 of IRC : SP:41 (1994), "Guidelines for the design of At-grade intersections in rural & urban areas. As per this clause the turning radius for large Semi trailer should be 13.7 m. 2. Similar provisions is to be provided at the U-turn proposed towards Abohar leg for safe merging of running traffic and turning traffic. 3. Accordingly, a detailed traffic movement plan after incorporating the additional lane is attached in Annexure-V for reference. 4. The proposed merging length at elevated junction where traffic from Hanumangarh town and Hanumangarh junction and similarly from Sangria to Hanumangarh town direction are merging/taper rate required to be taken care as per following IRC provisions. However, at elevated junction design speed communicated by PWD officials is up to 20 kmph hence as per below guide line minimum taper in 1:20 required to be adopted. Based on Cl. 3.2.2 (Table 3.1) of IRC:SP:73 (2018) i.e. "Manual of specifications and standards of two laning of highway with Paved shoulder", the absolute minimum taper rate at a junction shall be 1:20 for design speed of < 50 kmph. A screenshot of the same is shown below. Table 3.1 : Taper Rate Speed (kmph) Desirable Minimum Taper Absolute Minimum Taper < 50 kmph 1:35 1:20 50 to 65 kmph 1:40 1:25 66 to 88 kmph 1:45 1:30 >80 kmph 1:50 1:40 5. Visibility at service lane corners (Marked hatching in Annexure II) required to be ensured where corner structures may create hindrance in visibility. 6. It is required to install sufficient traffic and safety signage's for all required information and speed limit so that proper information to road users may be ensured. 7. The proposed arrangement is feasible in structural design point of view. In overall after verification of site and looking to the traffic quantum ROB cum grade separator is required at this location." 5. The details of the Traffic Movement Plan (Bottom Plan) after construction and Traffic Movement Plan through elevated junction (ROB) after construction, are given in the Plan produced along with the recommendations as Annexure-V. 6. Responding to the opinion of the NHAI and the modifications suggested, learned AAG submits that the recommendations made are decided to be incorporated in the design of the ROB for betterment and the project shall be executed accordingly. 7. Responding to the opinion of the NHAI and the modifications suggested, learned AAG submits that the recommendations made are decided to be incorporated in the design of the ROB for betterment and the project shall be executed accordingly. 7. Learned AAG submitted that as a matter of fact, the present PIL filed is not a bona fide PIL rather, the same has been filed at the instance of colonizer and businessman Mr. M.S. Sidhu, who himself is the owner of a residential colony namely 'Dalsingh Nagar Awasiya Yojana' on Hanumangarh Junction leg of this ROB's approaches, to stop such a prestigious project sanctioned by the Government for the benefit of the public at large due to his vested interest. The attention of the Court is drawn to the complaints made by Mr. M.S. Sidhu, one his own name and one in the name of petitioner no. 2-Gurnam Singh, which are the registered in the office of the Transport Commissioner Rajasthan on 30.10.19 raising the issue on similar grounds. Copies of the complaints made are also placed on record. 8. The petitioners have filed objections to additional affidavit and opinion of NHAI in response to order dated 5.11.19 passed by this Court, it is suggested that there should be overpass or underpass in relation to a flyover and there should be no intersection of flyovers in the air. It is suggested that Sangaria leg of Hanumangarh Junction to Sangaria is not at all needed. It is emphasised that the report/opinion submitted by NHAI Committee may not be relied upon. 9. It is noticed that after examination of various aspects, the expert committee constituted by the NHAI has made concrete suggestions for modification of the design and also suggested the measures to be taken for smooth traffic and safety, which are agreed to be incorporated in the design by the State Authorities. 10. This Court does not have technical expertise in the matter and therefore, it would not be appropriate for the Court to sit in judgment over the opinion of the experts of the field. Ignoring the expert opinion on record, this Court relying upon the assertions of the petitioners cannot countenance their suggestion that the project undertaken by the State with the modified design is also not in larger public interest. 11. Ignoring the expert opinion on record, this Court relying upon the assertions of the petitioners cannot countenance their suggestion that the project undertaken by the State with the modified design is also not in larger public interest. 11. In this view of the matter, the petition is disposed of with the directions that while executing the project, the respondents shall take all appropriate measures to ensure the road safety.