Balbeer Singh v. State Of NCT Of Delhi & ORS.

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10049/2021 & CM APPLs. 4071/2022, 34895/2022 BALBEER SINGH ..... Petitioner Through:

None versus STATE OF NCT OF DELHI & ORS.

..... Respondents Through:

Mr. Anupam Srivastava, ASC for GNCTD with Ms. Sarita Pandey, Advocate for R-1 to 6.

SI Ved Prakash, Badarpur Traffic Circle with SI Joginder Singh, Parvi Officer Traffic.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 29.01.2024 1.

None for the Petitioner.

2.

Petitioner has approached this Court for a direction to the Respondents to stop the traffic movement over Agra Cannel Bridge at Meethapur as well as Madanpur Khadar by putting a permanent blockage over the entry and exit points of the bridges. 3.

It is the contention of the Petitioner that the bridges in question are very old and due to vehicular movement cracks have developed on the said bridges and they are not suitable for vehicular movement. 4.

Notice in the present Writ Petition was issued on 03.02.2023 and the Status Report dated 17.02.2023 has been filed on behalf of Respondent The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

No.2. The Status Report reads as under:

"It is with humble submission that the petitioner has filed the present Writ petition alleging therein that and old bridges are situated on Agra Canal Road and movement of heavy vehicles as well as light vehicles is going on over these bridges. The said bridged were constructed many years back and there are number of cracks appeared on this bridges due to which, its condition become so dilapidated. He further stated that executive engineer had installed the warning board indicating that the use of the said bridge can be caused any mishappening but even alter the affixation of the bridge, no traffic movement has been stopped.

In this regard, it submitted that high beam barriers where installed at Meethapur Agra Canal bridge to stop the movement thereof movement of heavy transport vehicles, buses, dumper etc through these dilapidated bridges but now the beam has been broken. Request has been made to AE/UP Irrigation in order to repair the beam. Moreover, the sufficient traffic staff has also been deployed at Meethapur Chowk to make a sharp vigil and to stop the movement of heavy vehicles over this bridge.

It is pertinent to mention here that on 31/01/2023, a request letter was given to Sh. Braj Kishore AE/IPO, UP Irrigation in order to find out the current status of both bridges. On 02/02/2023, the reply from the office of Assistant Engineer Head Works Department, Agra Canal, Okhla, New Delhi has been received in which it has been mentioned that construction of new bridge at Khadarpur Pullia Madanpur Khadar already been started and this new bridge will be completed within one month. As far as second bridge i.e. Meethapur Agra Canal bridge is concerned National Highway Authority of India (NHAI) has released fund to UP irrigation and order to build the new bridge and sail The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

retry work has already been completed. The design/drawing work of this new bridge is under process. As per latest report of S.D.O UP Irrigation department work of bridge at Madanpur Khadar is in Progress and tender procedure for Meethapur is in advance stage and probably contraction of new bridge starts from Feb. 2023. (The copy of reply given by AE/UP Irrigation is enclosed for land personal). Any further direction given by the Hon'ble Court shall be duly compiled with."

5.

An application for impleadment of Chief Engineer, Irrigation Department, Head Works Division Agra Canal, as Respondent No.7 in the array of parties was filed by the Petitioner and the same was allowed vide Order dated 03.02.2023 and the Petitioner was directed to take steps to serve the newly impleaded Respondent No.7. Since no process fee was filed by the Petitioner, Respondent No.7 could not be served. This Court vide Order dated 17.08.2023 directed the Petitioner to take fresh steps to serve Respondent No.7 subject to payment of costs of Rs.10,000/- to be paid to the Armed Forces Battle Casualties Welfare Fund. The cost of Rs.10,000/- has not been paid.

6.

Learned Counsel for Respondent No.2, on instructions, states that steps have been taken at Meethapur Chowk to stop vehicular movement on the said bridge. It is also stated that Assistant Engineer, Head Works Department, Agra Canal, Okhla, New Delhi, has informed Respondent No.2 that construction of new bridge at Khadarpur Pullia Madanpur Khadar has already begun and will be completed within one month and as far as Meethapur Agra Canal bridge is concerned, National Highway Authority of India (NHAI) has released funds to the UP irrigation Department to build a The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

new bridge over the Canal. It is stated that tenders have been issued. It is also stated by the learned Counsel for the Respondents that the Khadarpur Pullia Madanpur Khadar will be completed by April, 2024 and the Meethapur Agra Canal bridge will be completed by June, 2024. 7.

In view of the Status Report and the statement of the learned counsel for the Respondents, the grievance of the Petitioner does not survive. 8.

The Writ Petition is disposed of along with the pending applications, if any.

9.

Liberty is granted to the Petitioner to approach this Court if need arises in future.

SUBRAMONIUM PRASAD, J JANUARY 29, 2024 Rahul The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.