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Why delay in construction of Jangpura bridge: HC

Harish V Nair, Hindustan Times

New Delhi, April 17, 2012

First Published: 01:38 IST(17/4/2012)

Last Updated: 01:39 IST(17/4/2012)

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The Delhi High Court has sought an explanation from the transport commissioner and secretary of the

public works department on a PIL questioning the delay in constructing a foot-over-bridge (FOB) near

Jangpura Metro station even after repeated court directions. The Delhi transport commissioner and

PWD secretary are hereby directed to file their responses, said a bench headed by acting chief justice

AK Sikri.

The authorities are to file their replies by April 25.

The court direction came after RK Saini, counsel for Jangpura Residents Welfare Association (JRWA)

representing Jangpura RWA president Monu Chadha, said, There is no instruction so far from the

authorities concerned. I dont know when this foot-over-bridge will be built.

The PIL filed by JRWA sought a direction to the government and others to construct an over-bridge for

pedestrians to cross Lala Lajpat Rai Marg near the Jangpura Metro station, as residents of nearby

colonies face the risk of being run over by speeding vehicles on the busy road.

Seeking immediate building of the FOB, Chadha in his petition said, Lala Lajpat Rai Marg is a very busy

and wide road with high-speed traffic throughout the day. The delay is a negligent, callous andabdication of public duty/responsibility.

The PIL said that the government agencies, which were being approached by JRWA, did not do anything

despite assuring the association on February 2, 2007, that the estimates for the bridge had already been

prepared for administrative approval.


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IN THE HIGH COURT OF DELHI AT NEW DELHI

W.P.(C) 1385/2012

JANGPURA RESIDENTS WELFARE

ASSOCIATION (REGD) ..... Petitioner

Through: Mr. R.K. Saini and Mr Vikram Saini, Advs.

Versus

GOVT. OF NCT OF DELHI AND ORS ..... Respondents

Through: Mr. Nazmi Waziri, St. Counsel with Mr. Shoaib Haider, Adv.

for R-1.

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

25.04.2012

1. In this petition filed by the petitioner the grievance is made that

the respondents have not provided the much needed and promised Foot Over


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Bridge (FOB) over Lala Lajpath Rai Marg (a very busy and wide road having

high speed traffic throughout the day) from one side of the road having

Jangpura Metro Station, to the other side having the residential colony

i.e. Jangpura Extension and Pant Nagar and connecting bus stop. It is

submitted that the decision in this behalf was taken way back in the year

2007 and the delay on the part of the respondents in constructing the FOB

is resulting into putting the life of the general public i.e.

residents/pedestrians compelled to cross over the road, into jeopardy.

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2. The respondent no.2 Transport Department has filed counter

affidavit in which it is inter alia stated that the matter was

deliberated by the Committee on Subway/FOB under the Chairpersonship of

Principle Secretary, PWD, GNCTD from time to time; ultimately on 5th

October, 2011 in the 35th meeting of the Committee, the Committee in-

principle approved the construction of the FOB; Delhi Integrated Multi-

Modal Transit System (DIMTS) was asked to make a presentation of the

design before the Committee at the earliest; in the 37th meeting held on

5th January, 2012 the proposal was again considered by the Committee and

formal approval for the construction of the FOB at Jangpura was conveyed

by the Committee with the following caveat:-

?Approved, subject to that the Transport Department/DIMTS got the

approval of design of FOB from UTTIPEC before the start of work.?

3. It is further submitted that the Transport Department has already

given an in-principle approval to DIMTS to prepare a design for the FOB

and proceed as per the decision of the Committee. The respondents also

mention that the Transport Department has also made adequate provision of

funds for the construction of FOB and necessary sanction for expenditure would be accorded to

DIMTS as soon as the detailed cost estimates are

received from them. It is stated at the bar by Mr. Waziri that DIMTS

shall prepare the design within a period of 4 to 5 weeks which shall be

submitted to Unified Traffic and Transportation Infrastructure (Planning

and Engineering) Centre (UTTIPEC) for approval of the design. It is further

stated that UTTIPEC may take about a month or so for approving the design

2/-


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and thereafter the work would be awarded. Mr. Waziri submits that

construction may take about a year and therefore the work of FOB shall be

completed within a period of 15-16 months from today.

4. Mr. Saini, Advocate appearing for the petitioner submits that the

respondents should not take this much time in the construction of FOB,

more so when five years have already been allowed to elapse and because

of non-construction of the FOB accidents are taking place quite often in

that area. He has given the example of construction of similar FOB at

Lajpat Nagar Metro Station where it was constructed by the DMRC within

few months.

5. Having regard to the aforesaid, we are of the opinion that once the

construction starts, it can be completed in six months? time and one year

is not needed for this purpose. The respondents shall give due regard to

this aspect treating it as a matter of extreme urgency, where the FOB is

required to be constructed at the earliest and therefore we expect the

entire process should be completed within a period of 5 to 6 months from

today.

6. With these directions, the writ petition is disposed of.

ACTING CHIEF JUSTICE

RAJIV SAHAI ENDLAW, J

APRIL 25, 2012

pp..

3/-

$ 14

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