G.Pari, v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.02.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY G.Pari : Petitioner versus 1.Union of India Rep.by its Secretary Ministry of Road Transport and Highways Department Transport Bhawan, 1, Parliament Street New Delhi 2.National Highways Authority of India Rep.by its Project Director Incharge of NH.45C (Vikravandi to Thanjavur Section) No- 54, First Floor Natarajapuram North Colony Medical College road, Thanjavur 613 004 3.The District Collector Cuddalore Collector Office Gundu Salai Road Pennaiyar Rd Manjakuppam Cuddalore 607001.

4.Patel Sethiyahopu-Cholopuram Highway Pvt. Ltd. Rep.by its Board of Directors Registered Office at Patel House Beside Prakruti Resort 3 BP Estate Chhani Road Chhani NH8 Vadodara 391 740 : Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing 1)Directing respondents 2 and 4 not to damage levee of Vellar river while constructing the new bridge across the river and further directing respondents 2 and 4 to lay pillars from Periyakuppam flyover to Chinnakuppam Vellar river instead of embankment and 2)Pass an order of direction directing respondents 1 to 4 not to construct the bypass road from Pinnalur and the new bridge across vellar river without having public hearing/ environment impact assessment report (EIA) and

3) Directing respondents 2 and 4 to give right of way to the Veeramudaiyanatham Panchayat and nearby villagers to have smooth access to the national highway NH-45C with necessary under pass/flyover and service lane for accessing and cross the highway smoothly without any incident.

For Petitioner :

Mr.D.Arun Kumar, for Mr.M.Srinivasan For Respondents 1 & 2 :

Mr.G.Karthikeyan Senior Standing Counsel For Respondent No.3 :

Mr.P.Harish Government Advocate

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.D.Arun Kumar, learned counsel for the petitioner, Mr.G.Karthikeyan, learned Senior Standing Counsel, appearing for respondents 1 and 2 and Mr.P.Harish, Government Advocate, appearing for the third respondent.

2. Details are given of the number of minor bridges to be constructed i.e. drainage structures. Location, manner of erecting the bridges etc. are technical in nature, to be decided by the experts.

3. The report states that the minor bridge at CH.72+860 will be shifted to Ch.72+650 with a size of 6x2.5 m so as to fit within the RE Wall approaches, as requested by the petitioner and recommended by the Executive Engineer, Water Resources Department. A total of 6 numbers of cross drainage structures in the said stretch are in progress at the above locations so as to reduce the water stagnation in Veeramudiyanatham and Periyakuppam Villages.

4. If the petitioner is aggrieved with regard to the same, the petitioner may approach the authorities with a proposal. It is for the authorities to consider the said proposal on its own merits.

5. The writ petition stands disposed of. There shall be no order as to costs. Consequently, WMP No.14881 of 2020 is closed. (S.V.G., CJ.) (D.B.C., J.) 21.02.2024 Index : Yes/No : Yes/No tar To 1.The Secretary Ministry of Road Transport and Highways Department Transport Bhawan, 1, Parliament Street New Delhi

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(tar) 2.Project Director Incharge of NH.45C National Highways Authority of India (Vikravandi to Thanjavur Section) No- 54, First Floor Natarajapuram North Colony Medical College road, Thanjavur 613 004 3.The District Collector Cuddalore Collector Office Gundu Salai Road Pennaiyar Rd Manjakuppam Cuddalore 607001.

21.02.2024