LAWS(P&H)-2012-3-5

ASEEM TAKYAR Vs. UNION OF INDIA

Decided On March 23, 2012
ASEEM TAKYAR Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THIS Public Interest Litigation has been filed seeking directions for increase of the vertical height of the Foot Over Bridge(s) on National Highway No.1 from the existing 5.5 meters to 6.25 meters. According to the petitioner, if the height of the Foot Over bridge(s) is raised to 6.25 meters, it will facilitate the passage of defence vehicles and other transport vehicles without any obstruction or hindrance. Hence the Public Interest Litigation.

(2.) WHAT should be the height of a Foot Over bridge on a National Highway is a decision that has to be taken by the experts and not by the Court. The petitioner before moving this Court ought to have approached the concerned authority i.e. the National Highway Authority of India, raising a demand & justifying the same.

(3.) THE petitioner is directed to approach the concerned authority and pursue the matter before the concerned authority who is directed to look into the matter and pass appropriate orders.