DPWH TO GO TO COURT OVER RIGHT-OF-WAY
Court shall order the writ of possession of the property, which will allow DPWH to possess the property , DPWH official says
The Department of Public Works and Highways (DPWH) yesterday warned lot owners along United Nations Avenue, Mandaue City of court expropriation cases if they will not give way to the road-widening project.
DPWH 7 is undertaking the four-lane underpass project, sideby-side with the four-lane expansion (two lanes each in both sides) to solve traffic congestion in the area.
“Resistance of the lot owners will mean the end of negotiations for the acquisition of the right-of-way. Hence, we will proceed to the next option, which is the filing of the expropriation complaint through the Office of the Solicitor General,” said DPWH 7 Director Ador Canlas.
“Once the complaint is filed, the department (DPWH) shall deposit 100 percent of the value of the land based on the current valuation to the clerk of the expropriation court,” Canlas said.
Then, Canlas siad, the court shall order the writ of possession of the property, which will allow DPWH to possess the property and start the implementation of the project.
“This is pursuant to Section 6 of Republic Act 10752,” Canlas said.
He said there is sufficient funding for right-of-way acquisition. However, the amounts needed will depend on the appraisals of the independent property appraisers.
Earlier, Regional Development Council (RDC) Chairman Kenneth Cobonpue said that the underpass project could endanger motorists and commuters if the maintenance equipment would conk out and seawater and rainwater seep in.
However, Canlas said underpasses are built to prevent water
Resistance of the lot owners will mean the end of negotiations for the acquisition of the right-ofway. Hence, we will proceed to the next option, which is the filing of the expropriation complaint through the Office of the Solicitor GeneraI.
DPWH 7 DIRECTOR ADOR CANLAS
seepage. Even during high tide where the high tide level could be higher that the lowest point of the underpass, possible seepage due to tidal source or even from ground water can effectively be prevented.
Underpasses are designed to accommodate the run-off flowing over its descending roadway going toward the lowest point opf its vertical curve during rainy periods.
“Actually, this run-off volume subsequently will be collected through its water retention structure (WRS). This WRS usually will be designed to store a run-off volume that can be produced from a certain high intensity rainfall occurrence,” Canlas said.
He said that as the need arises, when rain stops, water will then be pumped out from the WRS, at an appropriate time, to its receiving outfall.
He also said that the typical technical measures to address the high tide seepage and rain run-off on underpasses, so far, have always been effective, and it will always promote the safety of the commuting public.