The Rajasthan Excessive Courtroom has noticed that Nationwide Freeway Authority Of India (NHAI) shall make sure that the newly proposed Mandal Bypass is accomplished expeditiously and ideally inside a interval of two years, in order to facilitate the motion of site visitors on the extremely congested NH 158 and to keep away from chance of frequent accidents, which happen due to the defective design of the Z-shaped Railway Over Bridge (ROB).

The Division Bench of Justice Sandeep Mehta and Justice Kuldeep Mathur has disposed of a Public Curiosity Litigation (PIL) filed assailing the motion of the respondent NHAI in widening/developing the present Mandal Bypass and to direct the respondent NHAI to behave in accordance with its determination dated 12.05.2021.

The petitioners have raised a difficulty of public security, owing to the defective design of the Railway Over Bridge, constructed by the respondent NHAI on the Village Mandal, District Bhilwara which was admittedly constructed about 11 years in the past.

B.P. Bohra, counsel representing the respondent NHAI and Union of India, has filed standing report on file as per which, the NHAI itself has taken steps for long run resolution of the Z-shaped current Railway Over Bridge on NH 158 and a brand new Mandal Bypass, with a contemporary Railway Over Bridge, is proposed to be constructed.

The marketing consultant has already commenced the work for preparation of Detailed Challenge Report. A map for development of the choice highway has been annexed with the factual report.

Usman Ghani, counsel representing the petitioners submitted that the State Freeway Authorities are additionally developing an alternate highway and thus, there’s multiplicity of highway constructions on the identical route, which might trigger an enormous loss to the general public exchequer.

B.P. Bohra, submitted that the grievance raised by the petitioners and the residents of Mandal concerning defective design of the present ROB, was examined and located to be justified and thus, for the current, the steps are being taken to widen/realign the previous current route on NH 158. Some points have cropped up due to burial floor positioned on the proposed route. These points are being addressed and more likely to be resolved shortly hereinafter.

In view of the information famous above, the Bench was of the view that the averments made within the standing report submitted by Bohra, that the NHAI proposes to create new Mandal Bypass with a effectively designed ROB in order to resolve the issue created by the defective Z-shaped ROB constructed about 11 years in the past exhibits that bonafide steps are being made on this matter.

To facilitate the motion of site visitors within the intervening interval, the Bench noticed that the respondent authorities shall make sure that the realignment course of on the present highway is accomplished on the earliest.

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