The court affirmed that the National Highways Authority has the authority to modify project specifications for public interest, and such technical matters are not subject to judicial review.

JUDGMENT :

Sanjay Dhar, J.

1.Petitioners Nos. 2 to 12 claim to be the members of petitioner No.1-Association and owners of commercial spaces in Palm Island Mall, Canal Road, Jammu. Through the medium of present writ petition, they have sought a direction upon the official respondents to carry out the construction work of 4-Lane Flyover from 4^th Bridge near Bhagwati Chowk to Canal Head on the Jammu-Akhnoor Road Section of NH-144A in Jammu strictly in accordance with the approved Detailed Project Report (for short ‘DPR’) and technical specifications. A further direction has been sought upon the official respondents 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.

2. According to the petitioners, the commercial complex, Palm Island Mall, was constructed after approval of the building plan from the Building Operations Controlling Authority of Jammu Municipal Corporation and as per the sanctioned plan, a provision was made for entry into the Mall from the Akhnoor Road side with a 40- feet wide road. It has been submitted that, even as per Master Plan 2021 and Master Plan 2032, there is a requirement of minimum road width of 15 meters for a commercial complex/Mall. It has been further submitted that the Mall in question houses three multiplexes, two restaurants, two food courts, shopping stores, and office spaces, and it is comprising of three basement storeys and five storeys above ground. The Mall is stated to have become operational in the year 2018, after obtaining all requisite NOCs and after its operationalization, the widening work of Akhnoor Road was undertaken by the respondent- National Highways & Infrastructure Development Authority Ltd.(‘for short ‘the Authority’)

3. It has been submitted that an e-tender dated 10.08.2021 was floated by the Authority for the construction of a 4-lane road with a paved shoulder configuration, along with a service road, from 4^th Tawi Bridge (D.Ch.0.000) near Bhagwati Chowk to Canal Head (D.Ch.1.350) on Jammu-Akhnoor road section of NH-144A. After completion of tendering process, the contract for the construction of Flyover was awarded to M/S Maan Builders-respondent No.5 herein, in terms of a letter of acceptance dated 24.09.2022. As per this letter of acceptance, the proposed length of the Flyover was 1.350 km, extending from 4^th Bridge to Canal Head, and its estimated cost was shown as Rs.158.97 crores. As per the approved DPR, the Flyover was to culminate with its merger with the existing Flyover at the specified merger point at 1.350 km. According to the petitioners, the Flyover from Bhagwati Chowk was to be raised at the level of existing Flyover and an entry ramp was proposed to be constructed from Canal Head Chowk, to be raised to merge with the Flyover at 1.050 km, i.e., at a point between Pillar Nos.6 and 7 of the proposed Flyover. It has been submitted that the DPR was approved keeping in mind the fact that the main entrance to the Mal in question on the existing Akhnoor Road is located on the left side of the proposed flyover. Thus, according to the petitioners, the merger of the flyover with the existing flyover was proposed at 1.350 km to ensure that the road in front of the Mall right at its entrance gate is not reduced in width and that the front elevation and aesthetics of the said complex and other buildings are not adversely affected.

4. It has been submitted that while the project was under execution, the petitioners noticed that the height of the pillars raised ahead of Canal Chowk towards Akhnoor Road was considerably lesser than what was designed and approved in the DPR, as a result of which, they became suspicious and sought clarifications from the contractor. Upon inquiry, the petitioners came to know that the contractor has been asked to deviate from the ap