JUDGMENT :

Heard Mr. Rohit Kumar, learned counsel for the petitioner, Mr. Naresh Pant and Mr. Raunak Pant, learned counsels for respondent no.1 and Mr. Amarendra Pratap Singh, learned Additional Advocate General for the State of Uttarakhand.  

2. On the previous date of hearing, learned counsel for respondent no.1- National Highways Authority of India had produced a compilation of papers. One letter is addressed to the counsel on record and same reads as under:-  

“NHAI/ PIU-VV/ Court Case (HC)/ 2020/ 8403

Dt. 19.02.2025

To,

Sh. Naresh Pant, Advocate,
254, Cheena Khanline,
Pin Code- 263001.
Mob: 9411167564
E-mail: Nareshpant_advocate@rediffmail.com

Sub: Regarding WP (PIL) titled as Mohmad Aabid Vs. NHAI & Others.

Sir,

Kindly refer your e-mail dt. 16.02.2025 vide which writ petition PIL titled Mohmad AabidVs NHAI & Others regarding demand of underpass in Vill- Hasanpur has been forwarded to this office.

In this regard, a brief note along with drone photographs & line diagram is herewith enclosed with the request to defend in the matter on behalf of NHAI to safeguard the interest of Authority.

Thanking you.

Your faithfully

Encl: As above

(Rahul Meena)
Manager (Tech.)
For Project Director
PIU- Vasant Vihar (Dehradun).”

3. At Page Nos.2 and 3 of the said letter, brief note and photographs captured by the drone are enclosed, and at Page No.4, a short note is appended. Page No.4 reads as under:-

Name of the project:- Up-gradation & Four Laning of Poanta Saheb- Ballupur section of NH-72 In the State of Uttarakhand under NH(0) on Hybrid Annuity Mode. Package-II: Mednipur- Ballupur from Design Ch. 18.700 to Ch. 44.800 Brief w.r.t demand of underpass in Hasanpur Village at Km 28+440.

The subject project starts from Km 18+700 & ends at 44+800 having total length of 26.10 Kms, Now, out of total 26.10 kms, 22.00 Kms is a Greenfield highway/new alignment passing through crop fields. Accordingly, there are regular demands of underpasses & Culverts by Villagers.

2. The construction work was started by Concessionaire w.e.f 18.02.2023 having Scheduled Completion Date as 17.02.2025 i.e. 02 Years. Currently, the actual progress of the project is to the tune of 75.00% & it is expected that project shall be completed in next 04 Months.  

3. In 22.00 Km of Greenfield stretch, number of structures in original agreement & additional structures provided based upon site requirement/public demand is tabulated as under: 

4. Further, from the above table, it is ample clear that based upon various public demands, NHAI has already approved 04 nos. of additional Underpasses which is more than 50% w.r.t already provisioned during project preparation.

5. Hasanpur Villagers are demanding an Underpass at Km 28+440 (say it "demanding location"). Now w.r.t “demanding location” following points are submitted:-

(i) As per Concession Agreement, in the original scope of the work, there already an Underpass was provisioned at Km 28+285, which is only 155m from the demanding location & construction of the same has been completed.

(ii) Further, w.r.t earlier various demands of Hasanpur Villagers, the matter was deliberated in detail & an additional Underpass at Km 28+750 has been approved by NHAI which is only 310 m from the demanding location & construction of the same has been completed.

(iii) From the above foregoing para (i) & (ii), it may be concluded that there is 02 nos. of  Underpasses within length of 500m.

(iv) It is also to submit that these underpasses are well connected to each other with the provision of Service roads on both hand sides of main highway.

(v) A drone photograph showing actual position of constructed Underpass w.r.t "demanding location" has been enclosed as "Annexed-1" for ready reference

(vi) A line diagram showing demanding location & underpasses already constructed at site is attached as "Annexure-2" for ready reference.”

4. Today, a copy of the communication addressed to the Project Director, PIU, Vasant Vihar, National Highways Authority of India, dated 21.02.2025, is also