(1.) THE petitioner has approached this Court alleging contumacious act on the part of the respondent stating that the undertaking given to this Court when the writ petition was disposed of as per the judgment dated 28.08.2009 has not been complied with.
(2.) THE sequence of events as narrated in the proceedings reveal that the petitioner, who is a public interest litigant only wanted to have a 'fly over' or an 'under pass' at Pudukad. When the writ petition came up for consideration, this Court directed the second respondent in the writ petition to constitute a technical committee to conduct a study and submit a report; pursuant to which a committee was constituted by the National Highway Authority of India and the committee has filed a report. THE second and third respondents in the writ petition undertook before this Court that they would implement the recommendations of the technical committee expeditiously and that necessary steps would be taken within no time.
(3.) THE respondent is present in person today, before this Court. A counter affidavit has also been filed today, explaining the facts and figures in detail. THE learned counsel for the respondent submits that the execution of civil works (foundation, sub-structure, super structure) of the 'under pass' will take '18 months' in the normal course, from the time of handing over of the land required, if any unforeseen contingency does not hamper the works. This is subject to the condition that the State Government acquired and handed over the land.