Dwarka Expressway flyover construction: SC refuses to…

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Published on Mon Sep 12 2022 | The Economic Times Dwarka Expressway Flyover Delhi Supreme Court Dwarka Gurgaon National Highways Authority Of India (NHAI) Delhi High Court Indira Gandhi International Airport (IGI)

The Supreme Court on Monday refused to interfere with a Delhi High Court order dismissing the pleas of two group housing societies and individual residents seeking a stay of construction activity of Dwarka Expressway. The top court said that it has to see the public interest before staying on any public project and it would not be appropriate to interfere with the project when so much investment has gone into it.

A bench of Justices DY Chandrachud and Hima Kohli said, "We are all Delhiites. We know the problems faced by the people. Moreover, this is an interlocutory order. Sorry, we will not interfere with the order".

Advocate Prashant Bhushan, appearing for the two housing societies, said that no environment clearances were taken before the construction of the stretch

The bench said, "We have to see the public interest also before staying with any public project and it would not be appropriate to interfere with this project when so much investment has gone into it".

It said that at most it can ask the High Court to dispose of the issue pending before it expeditiously.

On March 23, 2022, the High Court said that the project in question is for the benefit of the general public.

"Any delay in such a project, especially when it is at an advanced stage of completion, would be against public interest and may cause more harm to the environment than any good", it had said.

The High Court had passed the order on an appeal against the single judge order of July 30, 2021.

The high court had on July 30, 2021, rejected the plea of residents and housing societies seeking directions to NHAI to place on record all mandatory permissions/ approvals obtained by it for carrying out construction on a residential road, DDA Road No 226 in Sectors 22-23, Dwarka in the national capital.

The residents have also sought restraint on NHAI from going ahead with the construction activity in the interregnum.

The petitioners have sought ex-parte ad-interim orders injuncting/ restraining NHAI from proceeding with any construction activity without placing on record the permissions or approvals obtained for it in respect of the same.

The flyover being constructed will serve as a vital link for those travelling between Gurgaon and Delhi and those going to IGI airport.

The construction of the flyover and the connecting road has been mired in controversy after residents approached the Delhi High Court last year saying that NHAI was illegally constructing the flyover as part of the greenfield project, without even obtaining any permission for felling of trees and without holding any public consultation as required under the law.

The plea raised the question of whether a new interstate national highway, which includes the construction of a flyover across a populous residential area, can be developed, without requiring prior mandatory consent orders under the Water Act and the Air Act and without requiring any consultation or a No-Objection Certificate from the adjoining residential societies.

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