HC notice to NHAI, Delhi govt on construction of flyover on residential road
Dec 18, 2020
New Delhi [India], December 18 : Delhi High Court on Friday issued a notice to the National Highways Authority of India (NHAI) and Delhi government on a petition challenging construction of a flyover over a residential road (DDA Road No 226) in sectors 22 and 23 in Dwarka here.
A single-judge bench of Justice Navin Chawla asked the NHAI, Delhi Development Authority (DDA), Delhi government, Delhi Pollution Control Board and others to file a reply on the petition and listed it for further hearing on February 10, 2021.
The court was hearing a petition filed by Rao Cooperative Group Housing Society Limited (New Millennium CGHS) and others through advocates Anand Varma and Abhishek Prasad.
The petitioners have sought an appropriate writ, order or direction in the nature of mandamus directing respondent NHAI and its contractor J Kumar Infra Projects Limited to not proceed with any construction on DDA Road No 226 in Dwarka.
It has also sought action against the NHAI and its contractor in accordance with law for having commenced construction without obtaining the mandatory permissions/handovers/approvals.
"Issue an appropriate writ, order or direction in the nature of mandamus directing Respondent No 6 (District Magistrate, South West) to not permit any construction by Respondent No 1 (NHAI) and Respondent No 7 (J Kumar Infra Projects Limited) at DDA Road No 226 in Sectors 22 and 23 in Dwarka in the absence of mandatory permissions/handovers/approvals," read the plea.
The lawyers told the court that their petition under Article 226 challenges the ex-facie illegal, arbitrary and unreasonable construction being carried out by the NHAI over a residential road in Dwarka, New Delhi, without having obtained the necessary permissions from the concerned authorities, including the Delhi government and DPCC.
"The construction being carried out by Respondent No 1 (NHAI) is detrimental to the rights of the petitioners herein, which are co-operative group housing societies (CGHS) and residents of Sectors 22 and 23 of Dwarka. Approximately 50 residential apartment societies and 12 schools adjoin the said DDA Road No 226," the plea said.
The authorities concerned have turned a blind eye and it would lead to an exponential increase in traffic, increase in air and noise pollution, create traffic bottlenecks, increase road safety issues for the local residents, as also cutting of trees on the residential road, the plea added.
