Supreme Court issues Notice in Plea Challenging the Construction of Dwarka Flyover

By- Kanvi Gupta

The Supreme Court on Monday issued notice on a petition pleading to stop the construction of a flyover over a residential road. The petition is filed by 2 societies having approx 280 families challenging the construction of a flyover. The petitioners said that highway authorities are illegally building the flyover over the road without getting mandatory permission and clearance from the concerned authorities.

A bench of 2 judges, Justice D. Y. Chandrachud and Justice M. R. Shah on hearing at Monday issued notice on a plea filed by ‘Rao CGHS Ltd (New Millenium CGHS) & Ors,’ challenging the order of the Delhi High Court, which had refused to grant relief on an application, seeking directions to the National Highway Authority of India to place on record all mandatory provisions and approvals obtained by it, enabling it to carry out construction on DDA Road no 226, Dwarka.

Advocate Prashant Bhushan, appearing from the petitioner’s side said that NHAI is building an already constructed small road which is surrounded by a dense population and 6 schools are nearby to it. The trees are been cut without any permission which is also affecting the environment.

He said that both NH-248BB and NH-344M were already existing highways that were declared national highways. However due procedure required to obtain environment clearance has only been fulfilled for NH-344M, but not for NH-248BB which, allegedly, covers DDA Road No. 226 in Sectors 22 and 23, Dwarka.

The association moved to the Supreme Court challenging the decision of the Delhi High Court who said that there is no need to undertake any due procedure as the construction is been made on the existing road. The High Court on July 30, rejected the plea and gave directions to NHAI to place on record all necessary procedures, permissions and mandatory approvals obtained by it for carrying out construction on a residential road, DDA Road No. 226 in Sector 22 and Sector 23, Dwarka.

The petitioner said that High Court was wrong in accepting that the highway is not new highway sand is wrong in exempting the authorities from obtaining mandatory prior Environmental Clearance under the Environmental Impact Assessment (EIA) Notification, 2006. The petitioners also said to take Water Act and Air Act into consideration.

Legal