IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/WRIT PETITION (PIL) (WRIT PETITION (PIL)) NO. 43 of 2024 ==========================================================

DHARINI SHAH & ORS.

Versus STATE OF GUJARAT & ORS.

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Appearance:

MR. MIHIR THAKORE, SR. ADV. WITH MR SALIL M THAKORE(5821) for the Applicant(s) No. 1 MR. KAMAL TRIVEDI, AG AND SR. ADV. WITH G H VIRK, GP AND MR.

SIMRANJIT VIRK, ADV. (7392) for the Opponent(s) No. 1 & 2 ========================================================== CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR. JUSTICE PRANAV TRIVEDI Date : 07/08/2024

ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

The issue raised in the instant Public Interest Litigation is about the decision of the Ahmedabad Municipal Corporation (AMC) to construct an over-bridge on Panjarapol junction over the Dr. Vikram Sarabhai Marg (IIM road). The dispute has also been raised to the award of the contract for construction of the Panjarapol over-bridge to the respondent No.3 namely Ranjit Construction Company with the assertion that the Ranjit Bildcon Ltd. and Ranjit Construction Company both are belonging to the same group and the Ranjit group has a poor track record, inasmuch as, the entities of the Ranjit group had been involved in the irregularities in construction of road widening project between Jamnaba Park and Anuvrat Dwar in Surat, which had collapsed during the construction, resulting in many labourers sustaining injuries and two year old girl having died. In Surat, two other such incidents had taken place in relation to the work of Rajit Buildcon Ltd..

2. Irregularities in Sabarmati Riverfront Project were noted by this Court in the order dated 18.08.2023 in Writ Petition (PIL) No. 98 of 2021. In Writ Petition (PIL) No. 98 of 2021, on the report of the Amicus therein that the Ranjit Buildcon Ltd. appointed by the Sabarmati Riverfront Development Corporation Ltd. Project, Ahmedabad to carry out the construction of certain portions of Riverfront Phase-II, had created an artificial cess pool due to which the contaminated sewage was getting collected in the cess pool, to stop the flow into the river.

3. After presentation of the present PIL, the matter was adjourned, as other issues related to the mismanagement of the traffic in Ahmedabad city and Ahmedabad rural area were to be raised, which might have impact over the decision of the AMC to construct the fly-over. With the amendment application, the problems faced on Sarkhej Gandhinagar Highway (S.G.Highway); overview of traffic related problems faced on the S.G.Highway; lack of pedestrian infrastructure on S.G.Highway; location-wise problems identified on the S.G.Highway by the petitioners, accident prone hot-spots on the S.G.Road and the issues related to the dispute between the different authorities pertaining to the management of S.G.Highway are being raised, wich include the issues pertaining to the infrastructure; rash driving by people on the wrong side, two wheeler riders not wearing the helmet, parking of vehicles on the S.G.Highway or its side road, particularly near the junctions and eateries, the traffic disciplin on the S.G.Highway, have been highlighted. The petitioners have also highlighted the issues of problems faced by the pedestrians in crossing the portions of S.G.Highway.

4. The learned senior counsel appearing for the petitioners Mr. Mihir Thakore has highlighted the requirement of construction of foot over-bridge for the pedestrians for crossing the S.G.Highway and the service-road alongside the S.G.Highway so that frequent occurrences of road accident on the S.G.Highway may be curtailed.

5. Taking note of the above, we find that the issues raised in this writ petition are of paramount public importance, inasmuch as, the highlights show mismanagement of traffic in the city of Ahmedabad and non-availability of the road infrastructure, such as service