Con­struct road within four weeks, HC tells DIAL

Last chance for air­port author­ity to fin­ish the much-de­layed project

DNA (Delhi) - - COMMUNITY - Richa Banka richa.banka@dnain­

The Delhi High Court (HC) has pulled up the Delhi In­ter­na­tional Air­port Pri­vate Lim­ited (DIAL) for the de­lay in con­struc­tion of a road near the air­port and di­rected it to fin­ish con­struc­tion within four weeks.

A bench of act­ing Chief Jus­tice Gita Mit­tal and Jus­tice C Har­is­hankar gave the DIAL one last chance to com­plete the con­struc­tion and did not is­sue con­tempt pro­ceed­ings against it, af­ter the pe­ti­tioner’s coun­sel sub­mit­ted that it in­cluded the needs of res­i­dents.

The court said the pub­lic in­ter­est has been gravely prej­u­diced as a road that DIAL was bound to build has not been con­structed. “There is un­doubt­edly de­pri­va­tion of nec­es­sary ameni­ties to road users. This de­pri­va­tion of pub­lic in­ter­est can­not be com­pen­sated in mon­e­tary terms,” the court said in its or­der.

The Bench also stated that in case the road is not con­structed within the stip­u­lated time, the DIAL Man­ag­ing Di­rec­tor will re­main per­son­ally present in the court on the next date of hear­ing — Novem­ber 2.

Ac­cord­ing to an or­der dated Septem­ber 14, 2007, a joint ap­pli­ca­tion, wherein cer­tain terms and con­di­tions of set­tle­ment be­tween the pe­ti­tioner, DIAL and Delhi De­vel­op­ment Author­ity (DDA) were recorded, was filed to con­struct a pe­riph­eral road ad­ja­cent to Vil­lage Sha­habad, Mo­hammed­pur, in New Delhi.

The court had also noted that as per the set­tle­ment, it was DIAL’s re­spon­si­bil­ity to con­struct such a road, which is go­ing to be a pub­lic thor­ough­fare, and main­te­nance of it will be the duty of the Pub­lic Works Department (PWD), Mu­nic­i­pal Cor­po­ra­tions of Delhi, or the DDA.

The DIAL claimed that they had con­structed the road by a let­ter dated May 5, 2012. But the same was not taken over as it was not in con­so­nance with the pre­vi­ous or­der of the court.

The South Delhi Mu­nic­i­pal Cor­po­ra­tion (SDMC) then filed an af­fi­davit fol­low­ing the di­rec­tions of the court, which set out a shock­ing state of af­fairs. A joint sur­vey was also con­ducted by the SDMC, Air­port Author­ity of India (AAI), and DIAL and the re­port stated that Mukesh, Ju­nior Man­ager (DIAL), and Mayank Chauhan, Ex­ec­u­tive (DIAL), though present, had re­fused to sign the site in­spec­tion re­port.

The court said that this was de­priv­ing road users of nec­es­sary ameni­ties

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