HC nod to new merger plan of Jammu-Akhnoor flyover

Excelsior CorrespondentSrinagar, Apr 8: The High Court today directed to go ahead with the construction of new merger plan of Flyover from Bhagwati Nagar Chowk to Canal Head on the Jammu-Akhnoor Road citing the abandonment of the project would cause loss of public exchequer.Follow the Daily Excelsior channel on WhatsAppThe revised project was challenged before the court by the petitioners who are owners of commercial spaces in Palm Island Mall, Canal Road, Jammu on the ground that the revised project (deviation) has been made by the official respondents with an ulterior motive, as a result of which, the entire commercial viability of their Mall (commercial complex) in question would get adversely impacted which, in turn, would affect the commercial interests of the space holders as the proposed deviation would result in reduction of entry road to the Mall to a mere 14 feet.The owners of the Mall as such had sought a direction upon the official respondents to carry out the construction work of 4-Lane Flyover from 4th Bridge near Bhagwati Nagar Chowk to Canal Head on the Jammu-Akhnoor Road Section of NH-144A in Jammu strictly in accordance with the approved Detailed Project Report (DPR’) and technical specifications and to adhere to and not to deviate from the approved design and technical specifications of the DPR of the said Flyover, with a direction restraining the official respondents from reducing the width of the road in front of Palm Island Mall by constructing a blind wall.

Justice Sanjay Dhar while dismissing the plea of the owners of the Mall said to abandon the revised project would cause public inconvenience and loss of Government exchequer. “..



...

...

it would not be open to this Court to direct the official respondents to abandon their proposal to change the scope of work relating to merger of the two stages of the flyover and to go ahead with the original merger plan”, read the judgment.The court said, it would not only delay the project, but also cause a lot of inconvenience to the public and result in a loss to the Government exchequer. “For the foregoing reasons, there is no merit in this writ petition.

The same is dismissed accordingly. The interim orders, if any, shall stand vacated”, the court concluded.The petitioner-Mall owners demanded that the original merger plan of phase-I of the flyover should be adhered to and that no change to the said plan should be made, as the proposed new plan is going to affect their rights adversely.

The officials, on the other hand, have offered cogent and convincing reasons for abandoning the originally approved merger plan and coming up with a new merger plan which is still under consideration. They have also assured unhindered access to the Mall, with no change in the width of the entry and exit points.“Merely because it may have been more convenient for the petitioners and their customers to access the Mall directly from the Akhnoor Road under the earlier scheme does not give them a right to resist any change in the plan of merger of the two stages of the flyover, which would be beneficial for the larger public good”, read the judgment.

The court added that the petitioners and their customers may face certain possible inconvenience and cannot form a basis for the official respondents to abandon their proposed change in the scope of work and adhere to the earlier approved merger scheme at the cost of larger public interests.“Any indulgence granted to the petitioners by this Court at this stage may lead to similar demands from other quarters at multiple points along the flyover, which is going to defeat the very object of the project”, read the judgment.The post HC nod to new merger plan of Jammu-Akhnoor flyover appeared first on Daily Excelsior.

.