IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR WRIT PETITION NO. 42190/2017 (GM-RES-PIL) BETWEEN NAMOOR NAMMAJANA TRUST (R) SRI NITHYANANDA, NO.2-131/5 2ND CROSS ROAD POLYA ROAD UCHILA BADA VILLAGE D.K.DISTRICT-574117 REPRESENTED BY ITS PRESIDENT RAJU R. PUTRAN ... PETITIONER (BY SRI DHANANJAY KUMAR, ADVOCATE) AND 1.UNION OF INDIA DEPARTMENT OF MINISTRY OF ROAD TRANSPORT AND HIGHWAYS TRANSPORT BHAVAN, NO.1 PARLIAMENT STREET NEW DELHI-110001 REPRESENTED BY ITS CHIEF ENGINEER 2.THE CHAIRMAN NATIONAL HIGHWAYS AUTHORITY OF INDIA G5 AND 6, SECTOR-10 DWARAKA NEW DELHI-110075 REPRESENTED BY ITS CHIEF GENERAL MANAGER 3.THE GENERAL MANAGER NATIONAL HIGHWAYS AUTHORITY OF INDIA KARNATAKA REGION REGIONAL OFFICE BANGALORE-TUMKUR ROAD M S RAMAIAH ENCLAVE NEAR NAGASANDRA METRO STATION BENGALURU-560058 4.THE PROJECT DIRECTOR NATIONAL HIGHWAYS AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT NO.7-35/10 (4) SRI MAHALINGESHWARA TEMPLE ROAD NEAR PUMPWELL KANKANADI MANGALORE-575001 D.K.DISTRICT 5.STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHAN SOUDHA DR.AMBEDKAR ROAD BANGALORE-560001 6.THE CHIEF ENGINEER DEPARTMENT OF PUBLIC WORKS PORT AND INLAND WATER TRANSPORT K.R.CIRCLE BENGALURU-560001 7.THE DEPUTY COMMISSIONER UDUPI DISTRICT RAJADATRI, MANIPAL UDUPI DISTRICT-576201 8.THE NAVAYUGA UDUPI TOLLWAY PRIVATE LIMITED OPP. LIONS ENGLISH MEDIUM SCHOOL NADSAL VILLAGE, KARKALA ROAD PADUBIDRI, UDUPI TALUK UDUPI DISTRICT-576201 REPRESENTED BY ITS CHIEF MANAGER ... RESPONDENTS (BY SRI ADITYA SINGH, CGC FOR SRI S R DODWAD, CGC FOR R-1;
SRI R V NAIK, ADVOCATE FOR SRI M V KINI, ADVOCATE FOR R-2 TO 4; SRI Y H VIJAYKUMAR, PRL.G.A. FOR R-5 TO 7;
SMT. MEDHA M. GHATGE, ADVOCATE FOR SRI M V SUNDARARAMAN, ADVOCATE FOR R-8) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NOS.1 TO 4 TO TAKE SUITABLE ACTION PURSUANT TO THE VARIOUS REPRESENTATIONS MADE BY THE PETITIONER DATED 09.08.2016 AND 07.09.2016 AND ALSO DIRECT RESPONDENT NO.4 TO TAKE SUITABLE ACTION PURSUANT TO THE LETTER DATED 28.01.2017 ADDRESSED BY RESPONDENT NO.7 VIDE ANNEXURES-A, B AND C.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, P.S.DINESH KUMAR J., MADE THE FOLLOWING:
ORDER Grievance of the petitioner in this public interest writ petition is that various representations given to the State Administration and National Highways Authority with regard to providing an underpass to facilitate local residents at Uchila Town have not been considered.
2. Adverting to a communication dated 28.01.2017 by the Deputy Commissioner, Udupi to the Project Director, National Highways Authority of India, Shri Dhananjay Kumar, learned advocate for the petitioner submits that the grievance of the citizens in that area has been well founded by the Deputy Commissioner, but the National Highways Authority has not taken any action.
3. Shri R.V.Naik, learned Standing Counsel for the National Highways Authority of India submits that by communication dated 04.08.2016, the request made by the petitioner has been rejected as the Concession Agreement did not permit providing an underpass in that area.
4. Having heard learned advocates for the parties, we are of the view that it would be just and appropriate for the National Highways Authority to have a re-look into the matter and examine if there is any necessity for providing an underpass in the area. If it is found necessary and permissible within the IRC norms, the National Highways Authority shall consider petitioner’s request in accordance with law.
With these observations, the petition is disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE bkv