NHAI Ot hers. Regarding WP PI L) t it led as Mohm ad Aabid v. Sir, Kindly refer your e- m ail dt

r espondent no.1 and Mr. Am arendra Prat ap Singh, lear ned Addit ional Advocat e General for t he St at e of Ut t arakhand.

2. On t he pr evious dat e of hearing, learned counsel for respondent no.1- Nat ional Highway s Aut horit y of I ndia had produced a com pilat ion of papers. One let t er is addr essed t o t he counsel on r ecord and sam e reads as under: - “ N H A I / PI U- VV/ Co u r t Ca se ( H C) / 2 0 2 0 / 8 4 0 3 D t . 1 9 .0 2 .2 0 2 5 To, Sh. Naresh Pant , Advocat e, 254, Cheena Khanline, Pin Code- 263001. Mob: 9411167564 E- m ail: Nareshpant _advocat e@rediffm ail.com Sub: NHAI & Ot hers. Regarding WP ( PI L) t it led as Mohm ad Aabid Vs. Sir, Kindly refer your e- m ail dt . 16.02.2025 vide which wr it pet it ion PI L t it led Mohm ad AabidVs NHAI & Ot hers regarding dem and of underpass in Vill- Hasanpur has been forwarded t o t his office. I n t his regard, a br ief not e along wit h drone phot ographs & line diagr am is herew it h enclosed w it h t he request t o defend in t he m at t er on behalf of NHAI t o safeguard t he int erest of Aut horit y. Thanking you. Encl: As above Your fait hfully ( Rahul Meena) Manager ( Tech.) For Proj ect Direct or PI U- Vasant Vihar ( Dehradun) .”

3. At Page Nos.2 and 3 of t he said let t er, brief not e and phot ographs capt ured by t he drone are enclosed, and at Page No.4, a short not e is appended. Page No.4 reads as under: - N a m e o f t h e p r o j ect : - Up- gradat ion & Four Laning of Poant a Saheb- Ballupur sect ion of NH- 72 I n t he St at e of Ut t arakhand under NH( 0) on Hybrid Annuit y Mode. Package- I I : Mednipur - Ballupur from Design Ch. 18.700 t o Ch. 44.800 Br ief w .r .t dem and of underpass in Hasanpur Village at Km 28+ 440. The subj ect proj ect st art s from Km 18+ 700 & ends at 44+ 800 having t ot al lengt h of 26.10 Km s, Now, out of t ot al is a Greenfield highway/ new 26.10 km s, 22.00 Km s alignm ent passing t hrough crop fields. Accordingly, t here regular dem ands of underpasses & Culvert s by Villagers.

2. The const ruct ion work was st art ed by Concessionaire w.e.f 18.02.2023 having Scheduled Com plet ion Dat e as 17.02.2025 i.e. 02 Years. Current ly, t he act ual progress of t he proj ect is t o t he t une of 75.00% & it is expect ed t hat proj ect shall be com plet ed in next 04 Mont hs.

3. I n 22.00 Km of Greenfield st ret ch, num ber of st ruct ures in or iginal agreem ent & addit ional st r uct ures provided based upon sit e requirem ent / public dem and is t abulat ed as under: S.n o St r u ct u r e I n o r i g i n a l A g r e e m e n t ( i n n o s.)

1. 2. Culvert s Underpas s 73 07 A d d i t i o n a l a p p r o v e d a s p e r p u b l i c d e m a n d / si t e r e q u i r e m e n t ( i n n o s.) 07 04

3. Bridges 20 -

4. Furt her, from t he above t able, it is am ple clear t hat based upon various public dem ands, NHAI has already approved 04 nos. of addit ional Underpasses which is m ore t han 50% w.r .t already provisioned dur ing proj ect preparat ion.

5. Hasanpur Villagers are dem anding an Underpass at Km 28+ 440 locat ion" ) . Now w.r.t " dem anding “ dem anding locat ion” follow ing point s are subm it t ed: - ( say ( i) As per Concession Agreem ent , in t he original scope of t he work, t here already an Underpass was provisioned at Km 28+ 285, which is only 155m from t he dem anding locat ion & const ruct ion of t he sam e has been com plet ed. t he m at t er was deliberat ed ( ii) Furt her, w.r.t earlier var ious dem ands of Hasanpur Villagers, in det ail & an addit ional Underpass at Km 28+ 750 has been approved by NHAI which is only 310 m from t he dem anding locat ion & const ruct ion of t he sam e has been com plet ed. ( iii) From t he above foregoing para ( i) & ( ii) , it m ay be concluded t hat t here is 02 nos. of Underpasses wit hin lengt h of 500m . ( iv) I t is also t o subm it t hat t hese underpasses are well connect ed t o each ot her wit h t he provision of Service roads on bot h hand sides of m ain highway. ( v) A drone phot ograph showing act ual posit ion of const ruct ed Underpass w.r.t " dem anding locat ion" has been enclosed as " Annexed- 1" for ready reference line diagram showing dem anding locat ion & ( vi) A underpasses already const ruct ed at sit e is at t ached as " Annexure- 2" for ready reference.”

4. Today, a copy of t he com m unicat ion addressed t o t he Proj ect Direct or, PI U, Vasant Vihar, Nat ional Highway s Aut horit y of I ndia, dat ed 21.02.2025, is also placed. I n t he fir st com pilat ion of t he paper s, it was st at ed t hat t he under passes present ly const r uct ed are m ere 310 m et ers and 155 m et ers; t hat t he Aut horit y has obliged m ult iple dem ands, and wit h t he passage of few m ont hs, t he villagers ar e m aking revised dem ands, regar ding relocat ing and addit ional under passes; t hat , underpasses cannot discrim inat ely placed, as it would affect t he st abilit y of t he causew ay. Even t he Highw ays Aut horit y- respondent no.1 has not ed in t he first phot ograph t he exist ing t wo underpasses ar e m er ely 310 m et ers and 155 m et er s on t he spot . Now, suggest ed by t he villagers, t he underpasses already being const ruct ed, t he dem and of t he villagers does not appear t o be legit im at e.

5. I n t hat view of t he m at t er , placing on record t he subm ission of lear ned counsel t hat t he const ruct ion of t he exist ing underpasses would be com plet ed in 120 days, pet it ion is disposed of.

6. Respondent no.1 ensure t hat t he const r uct ion of t he underpasses is com plet ed wit hin t he t im e and dat e assured t o t his Court .

7. That apart , t he ot her subm ission m ade by learned counsel r espondent no.1 t hat t he com plet ion of t he highway has been st alled on account of t he obj ect ion by goons and villagers and t he sam e is not being perm it t ed t o be carried out . I t is m ore t han t wo year s since t he proj ect w as com m enced and only const r uct ion of a st ret ch of 500 m et res is yet t o be com plet ed.

8. I t is subm it t ed t hat every t im e wor k is sought t o be com m enced, t he local goons accom panied by villages com e at t he sit e and t hey use t o force t he cont ract ors and t he officials of respondent no.1 t o st op t he const r uct ion w ork.

9. I n t hat view, t he St at e Adm inist rat ion, part icularly , t he Dist rict Magist rat e, Dehradun and t he Senior Superint endent of Police, Dehradun, shall look int o it and addr ess t he issue wit h all seriousness it requires, call t he villagers, hav e a m eet ing, and r esolve t he sam e wit hin t wo weeks and enable t he fir st respondent t o expedit e t he com plet ion of t he proj ect .

10. A copy of t his or der be for warded t o t he Dist rict Magist rat e, Dehradun and t he Senior Superint endent of Police, Dehradun fort hwit h.

11. Ther e shall be no order as t o cost s.

12. Pending applicat ion, if any, also st ands disposed of. ( A s h i sh N a i t h a n i , J) ( G. N a r e n d a r , CJ)

24.02.2025 NI SHANT

24.02.2025