Wednesday, February 28, 2024

Delhi High Court seeks response from NHAI, DDA on plea for stay on construction of Dwarka flyover

The Delhi High Court, on Monday, sought response from the National Highways Authority of India (NHAI) and the Delhi Development Authority on an application seeking a restraint order against the construction of a flyover at Delhi’s Dwarka on the ground that it involves rapid felling of trees.

The Division Bench comprising Chief Justice D.N. Patel and Justice Jyoti Singh issued notice in the matter, while refusing to grant stay on the construction activity.

The matter is slated for next hearing on March 15, 2022.

The instant application has been moved in an appeal filed by Advocate Anand Varma on behalf of ‘Rao CGHS Ltd (New Millenium CGHS) and the residents of Sectors 22 and 23 in Dwarka, wherein notices were issued in September last year.

The appellants were represented by Advocate Prashant Bhushan, who alleged that a “full-fledged” construction work in Dwarka’s Sectors 22 and 23 for an upcoming National Highway project is being carried out without obtaining mandatory approvals and sanctions and in complete disregard of the project’s impact on environment and the residents of the said area.

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Being aggrieved by a notification issued by the Ministry of Road, Transport and Highways of the Union Government, which speaks of new National Highways, a petition was moved before the Delhi High Court seeking stay on the alleged construction activities claiming that around 50 residential societies and 12 schools adjoin the area where the flyover is being constructed, and the same is pending adjudication.

An application before a Single Judge of the Delhi High Court was moved during the pendency of the petition alleging that the proposed highway requires environmental clearance. The same was, however, dismissed.

Subsequently, the petitioners approached the Apex Court challenging the said decision, however the Court observed that the petitioner could not approach the Top Court directly without first moving the Divisional Bench of the High Court.


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