Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
The long-term benefits of infrastructure projects and public safety outweigh individual or localized objections, and courts are advised to not impede their progress unless there is a malafide or arbitrary action ["Palm Island Space Owners Welfare Association vs Union of India - Jammu and Kashmir"], ["PANCHSHILA COOPERATIVE HOUSE BUILDING SOCIETY LIMITED VS STATE (GOVT) OF NCT OF DELHI - Delhi"], ["KCC INFRA PRIVATE LIMITED Vs NATIONAL HIGHWAYS AUTHORITY OF INDIA & ANR - Delhi"].
Analysis and Conclusion:
References:- ["Palm Island Space Owners Welfare Association vs Union of India - Jammu and Kashmir"]- ["Jatinder Singh VS Union of India - Punjab and Haryana"]- ["Kalyan Sahai Kedawat VS State of Raj. - Rajasthan"]- ["Avinshree International scho vs The Deputy General Manager(T - Madras"]- ["PANCHSHILA COOPERATIVE HOUSE BUILDING SOCIETY LIMITED VS STATE (GOVT) OF NCT OF DELHI - Delhi"]- ["Kolla Rahul Sankrityayan vs The State of Telangana - Telangana"]- ["KCC INFRA PRIVATE LIMITED Vs NATIONAL HIGHWAYS AUTHORITY OF INDIA & ANR - Delhi"]
In the fast-paced world of urban development, flyover constructions play a crucial role in easing traffic congestion and boosting connectivity. However, legal challenges often arise, leading petitioners to seek stay orders from courts. A key legal question emerges: should stay orders be granted in matters of flyover construction as these are projects of national importance? The resounding judicial answer is generally no. Courts exercise extreme caution to avoid impeding such vital infrastructure, prioritizing public welfare and national development. This blog delves into Supreme Court principles, key precedents, exceptions, and real-world insights, offering a comprehensive overview for stakeholders.
Infrastructure projects like flyovers are not mere constructions; they embody the state's constitutional duty to provide efficient public services. The Supreme Court has consistently advised courts to show restraint when considering stay orders that could delay these initiatives. As noted, courts should avoid granting stay orders that delay or impede infrastructure projects of national importance Nelakuduru Infra Sriganesh Jv, Through Its Authorized Representative Sh. Vineeth Nelakuduru VS Union Of India, Through Its General Manager, North-Western Railways - 2023 0 Supreme(Raj) 464NISHATGANJ VYAPAR MANDAL VS STATE OF UTTAR PRADESH - 1993 0 Supreme(All) 298Mangi Lal S/o Shri Kishna Ram VS State of Rajasthan - 2023 0 Supreme(Raj) 63.
This principle stems from the recognition that such delays hinder public welfare and development. In National High Speed Rail Corpn. Ltd. v. Montecarlo Ltd. (2022 SCC OnLine SC 111), the Court warned: granting stay or interim orders that delay mega projects may seriously impede the execution of projects of public importance and disables the State and/or its agencies/instrumentalities from discharging the constitutional and legal obligations towards citizens NISHATGANJ VYAPAR MANDAL VS STATE OF UTTAR PRADESH - 1993 0 Supreme(All) 298. High Courts are urged to be extremely careful and circumspect in exercise of its discretion while entertaining such petitions and/or while granting stay in such matters Nelakuduru Infra Sriganesh Jv, Through Its Authorized Representative Sh. Vineeth Nelakuduru VS Union Of India, Through Its General Manager, North-Western Railways - 2023 0 Supreme(Raj) 464NISHATGANJ VYAPAR MANDAL VS STATE OF UTTAR PRADESH - 1993 0 Supreme(All) 298.
Section 41(ha) of the Specific Relief Act, 1963, explicitly prohibits injunctions that would impede or delay the progress or completion of any infrastructure project Indo Nippon Chemical Co. Ltd. VS Mumbai Metropolitan Region Development Authority - 2023 0 Supreme(Bom) 326. The ruling in N.G. Projects Limited reinforces this, emphasizing that these projects serve a larger public purpose and judicial interference must be minimal Indo Nippon Chemical Co. Ltd. VS Mumbai Metropolitan Region Development Authority - 2023 0 Supreme(Bom) 326. Courts are reluctant to intervene unless there's manifest arbitrariness or mala fides Nelakuduru Infra Sriganesh Jv, Through Its Authorized Representative Sh. Vineeth Nelakuduru VS Union Of India, Through Its General Manager, North-Western Railways - 2023 0 Supreme(Raj) 464.
Flyovers address critical needs like public safety, traffic management, and economic growth. Delays not only escalate costs but also exacerbate daily commuter woes. The judiciary defers to executive expertise in these matters, especially for nationally significant projects. The judiciary recognizes the importance of infrastructure projects for public welfare and development Nelakuduru Infra Sriganesh Jv, Through Its Authorized Representative Sh. Vineeth Nelakuduru VS Union Of India, Through Its General Manager, North-Western Railways - 2023 0 Supreme(Raj) 464.
While the general rule favors no stays, exceptions exist for egregious cases:
This balanced approach ensures accountability without stalling progress.
Judicial precedents highlight the perils of delays. In a Dehradun case involving flyovers at ISBT and Ballupur, the court lamented incomplete projects and directed completion within six months, holding officials personally liable. It stressed appointing a Chief Engineer under the Control of National Highways (Land and Traffic) Act, 2002, underscoring time-bound execution for public infrastructure Ravindra Jugran VS Union of India - 2016 Supreme(UK) 672. The ratio decidendi emphasized completing public infrastructure projects in a time-bound manner and providing amenities, warning of contempt for non-compliance Ravindra Jugran VS Union of India - 2016 Supreme(UK) 672.
Similarly, in matters involving service roads near flyovers on national highways, courts deferred to NHAI's technical expertise, noting: These matters are technical in nature and it is appropriate to leave same to wisdom of NHAI which is having expertise in field (Constitution of India, Articles 14 and 21; National Highways Act, 1956) The Project Director, Vs Tammareddy Ramesh,. This reinforces non-interference unless mala fides are proven.
Another ruling cautioned: projects of public importance... should not be put to halt BISHAN DASS AND ORS vs UNION TERRITORY OF J AND K TH REVENUE DEPTT AND ORS, echoing Supreme Court sentiments in Sri Sisir Chalasani vs The State of Telangana - 2023 Supreme(Online)(TEL) 369: Even while entertaining the writ petitions and / or granting the stay which ultimately may delay the execution of the Mega projects, it must be remembered that it may seriously impede the execution of the projects of public importance Sri Sisir Chalasani vs The State of Telangana - 2023 Supreme(Online)(TEL) 369.
In land acquisition for flyovers, courts discourage stale litigation: courts should be loath to encourage stale litigation as the same might hinder the projects of public importance G. Chitra VS Government of Tamil Nadu - 2014 Supreme(Mad) 404. A Jammu & Kashmir case prioritized rehabilitation over compensation for a flyover-funded by the Asian Development Bank, upholding public interest Bashir Ahmad Shah VS State of J & K - 2015 Supreme(J&K) 426. These cases illustrate how stays exacerbate issues like those in bidding disputes or environmental clearances, where courts dismiss petitions to avoid derailing projects SHAPOORJI PALLONJI ROADS PVT. VS UNION OF INDIA - 2013 Supreme(Del) 1639.
To safeguard progress:
Authorities should ensure transparency to preempt challenges, while petitioners must demonstrate substantial flaws.
This post provides general insights based on judicial trends and is not legal advice. Consult a qualified lawyer for specific cases.
References:1. Nelakuduru Infra Sriganesh Jv, Through Its Authorized Representative Sh. Vineeth Nelakuduru VS Union Of India, Through Its General Manager, North-Western Railways - 2023 0 Supreme(Raj) 464: Courts minimize interference in public works.2. NISHATGANJ VYAPAR MANDAL VS STATE OF UTTAR PRADESH - 1993 0 Supreme(All) 298: Cautions against impeding mega projects.3. Mangi Lal S/o Shri Kishna Ram VS State of Rajasthan - 2023 0 Supreme(Raj) 63: Emphasizes caution for public safety.4. Other cases like Ravindra Jugran VS Union of India - 2016 Supreme(UK) 672, Sri Sisir Chalasani vs The State of Telangana - 2023 Supreme(Online)(TEL) 369 reinforce timely execution.
#InfrastructureLaw, #JudicialRestraint, #PublicProjects
The matters with regard to the need for providing entry and exit points on national highways or flyovers fall under the domain of specialists, and it has to be presumed that such matters have been duly considered by the experts. ... NHAI prepares and implements projects relating to development and maintenance of National Highways after thorough study by experts in different fields. ... Projects Limited vs M/S Vinod Kumar Jain, (2022) 6 SCC 127, the Supreme Court has held that the High ....
Even while entertaining the writ petition and/or granting the stay which ultimately may delay the execution of the Mega projects, it must be remembered that it may seriously impede the execution of the projects of public importance and disables the State and/or its agencies/ instrumentalities from discharging ... In National High Speed Rail Corpn. Ltd. v. Montecarlo Ltd., reported as 2022 SCC OnLine SC 111, this Court sounded a word of caution while entertaining the writ petition and/or granting #HL_STA....
... There are two road over bridges which are proposed for construction: ... (i) Flyover at Govt. Hostel, which is under stay order by Honble High Court. ... In order to provide for the establishment of an Authority for the purpose of planning co-ordinating and supervising the proper, orderly and rapid development of Jaipur Region and of executing plans, projects and schemes for such development and to provide for matters connected therewith the Jaipur Development ... Another flyover is under considerat....
The question of great public importance has been raised in this petition. Startling revelation has been made in this petition that the flyovers at ISBT and Ballupur situate at Dehradun, have not been completed till date. ... An officer of suitable rank not below the rank of Chief Engineer ought to have been appointed as Highway Administration to exercise powers and discharge functions conferred under the Control of National Highways (Land and Traffic) Act, 2002. ... The duties to be discharged by the Highway Administrati....
to the 1st flyover and not 10 meters as claimed by the petitioners. ... He submits that the said specifications as contended earlier are applicable for Four-Laning of Highways through PPP mode and the Manual ‘may’ also be used for non-PPP projects, but it is not mandatory as the instructions do not contain the expression ‘shall’. ... Further, to ease the flow of traffic on the National Highway from Chennai side to Calcutta side, on the western side, another flyover (h....
to the 1st flyover and not 10 meters as claimed by the petitioners. ... He submits that the said specifications as contended earlier are applicable for Four-Laning of Highways through PPP mode and the Manual ‘may’ also be used for non-PPP projects, but it is not mandatory as the instructions do not contain the expression ‘shall’. ... Further, to ease the flow of traffic on the National Highway from Chennai side to Calcutta side, on the western side, another flyover (h....
He submits that the said specifications as contended earlier are applicable for Four-Laning of Highways through PPP mode and the Manual 'may' also be used for non-PPP projects, but it is not mandatory as the instructions do not contain the expression 'shall'. ... to the 1st flyover and not 10 meters as claimed by the petitioners. ... Further, to ease the flow of traffic on the National Highway from Chennai side to Calcutta side, on the western side, another flyover (h....
the flyover and the amount spent on construction of the flyover will go waste. ... ble the Supreme Court has time and again opined that projects of public importance ... Here, that is not the case. ... should not be put to halt.
Even while entertaining the writ petitions and / or granting the stay which ultimately may delay the execution of the Mega projects, it must be remembered that it may seriously impede the execution of the projects of public importance and disables the State and / or its agencies / instrumentalities from ... Therefore, the High Courts should be extremely careful and circumspect in exercise of its discretion while entertaining such petitions and / or while granting stay in such matters. ....
Even while entertaining the writ petitions and / or granting the stay which ultimately may delay the execution of the Mega projects, it must be remembered that it may seriously impede the execution of the projects of public importance and disables the State and / or its agencies / instrumentalities from ... Therefore, the High Courts should be extremely careful and circumspect in exercise of its discretion while entertaining such petitions and / or while granting stay in such matters. ....
In case of composite work, value of any other major component such as Approaches with RE wall/Retaining wall, Roads, Buildings etc. shall not be considered. Value of the component such as Bridge/ Flyover/ Viaduct in Railway/Metro/Highway/Expressway projects should be separately mentioned in Performance certificates. The contractor should submit performance certificates and Letter of Award in reference to Serial Number 1 (Minimum 3 nos., 2 nos. or 1 no. as the case may be) above issued by Government Organizations/ Semi Government Organizations/ Public Sector Undertakings/ Au....
This is despite the notification issued under the Environment Protection Act amending the earlier notification of 2006. It may be true that in regard to areas, where mining is done if it is less than 5 hectares, it would not be treated as Category A to be screened at the central level, though general conditions would apply, as has been made clear in the latest notification relied on by Mr. J.P. Joshi, learned senior counsel. This only has the effect of permitting screening to take place at the state level and not at the central level. We have held that the projects, which are of gr....
The building, having come in the alignment of the Project, Jehangir-Chowk - Ram Bagh Expressway (Flyover) Corridor, being executed by Jammu and Kashmir Reconstruction Agency (for short, ERA) which is funded by Asian Development Bank (ADB), is required to be demolished. The petitioners were promised rehabilitation and allotment of accommodation in a building constructed by ERA for the purpose just opposite to the High Court Complex at an equally prime location, i.e., the nook of the Exhibition Ground, popularly known as Exhibition Crossing or Jehangir Chowk, situated not more than 300 metres ....
As is well settled, in matters of land acquisition proceedings, courts should be loath to encourage stale litigation as the same might hinder the projects of public importance. The courts are expected to be very cautious and circumspect about exercising their discretionary jurisdiction under Article 226 or Article 32 of the Constitution if there is inordinate and unexplained delay in questioning the validity of acquisition of land.
The counsel also referred to the decision of the Supreme Court in Asia Foundation & Construction Ltd. 3 and 5 submitted that since the project was one of considerable national importance, the decisions regarding the same were outside purview of judicial review under Article 226 of the Constitution of India. It was contended that courts would not interfere with the decision of the executive regarding projects of national importance as the same would not be in the larger public interest. v. Trafalgar House Construction (I) Ltd. and Ors.: (1997) 1 SCC 738, in support of their ....
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