Sat Prakash Rana v. Government Of The NCT Of Delhi & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 7385/2015 & CM Nos.13605/2015 & 32066/2015 SAT PRAKASH RANA ..... Petitioner Through :

Mr. Jayant Tripathi and Mr. Dinesh Dahiya, Advs.

versus GOVERNMENT OF THE NCT OF DELHI & ORS ..... Respondents Through :

Mr. Gautam Narayan, ASC, GNCTD for R-1.

Mr. Kapil Dutta and Mr. Ajay Arora, Advs. for SDMC/R-2 with Mr. K.

Kannan, Ex-Engineer and Mr. R. P.

Wadhwa, Asst. Engineer in person.

Mr.

Jagjit Singh, Sr.

Standing Counsel for R-3 & 4 with Mr. Preet Singh, Adv.

Mr. Bhupesh Narula, Mr. Gaurav Wadhwa and Ms. Poonam Nagpal, Advs. for R-5.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 03.05.2016 Petitioner is resident of Village Bijwasan, New Delhi. He has filed this writ petition, aggrieved by the delay in completion of railway over bridge and under bridge at Bijwasan, New Delhi. Bridge is alleged to have been conceptualized in the year 2006, approved in the year 2008-09 and work thereof commenced in the year 2009. Expected period of completion was of two years. Respondent no.2/SDMC had been constructing the bridge

through its contractor, that is, respondent no.5. A perusal of record shows that Chief Secretary of GNCTD has filed his affidavit on 28th October, 2015, stating therein that a meeting of the officials of all the agencies, responsible for completion of railway over and under bridge, was convened pursuant to the order dated 4th August, 2015 and concerned officials were asked to give definite plan of completion of work relating to railway over and under bridge at Bijwasan. He has further deposed in the affidavit that SDMC conveyed that railway over bridge will be made functional by 15th December, 2015; whereas railway under bridge will be made functional by 16th February, 2016. He has further deposed that railway representative submitted that work of drain, being carried out by them, will be completed by 31st December, 2015.

Chief Secretary has categorically deposed in his affidavit that the concerned officials have been asked to complete the work within the time frame as proposed by them. On 28th October, 2015, the respondent no.2 SDMC has also filed an affidavit reiterating that railway over bridge would be made functional by 15th December, 2015 and work of railway under bridge would be completed by 16th February, 2016.

Today, learned counsel for the respondent no.2 has submitted that

work of under bridge could not be completed in time as Indian Railway finished their part of work on 7th April, 2016 only. As regards over bridge, same has already been completed on 15th December, 2015 and made operational on 25th December, 2015.

It is submitted that work of under bridge has been speeded up and is likely to be completed on or before 30th June, 2016.

Keeping in mind that the railway over bridge has already been made functional and work of under bridge is also at the advance stage, inasmuch as, contractor has assured the Court that work would be completed on or before 30th June, 2016, no further directions are required to be passed in this writ petition.

Compliance report by the respondent no.2 be filed by 15th July, 2016. Petition is disposed of in the above terms. Miscellaneous applications are disposed of as infructuous.

A.K. PATHAK, J.

MAY 03, 2016/dk