The Hindu : Tamil Nadu News : High Court stays construction of Kondalampatti interchange

Online edition of India's National Newspaper
Saturday, Feb 04, 2006

Tamil Nadu

Tamil Nadu

High Court stays construction of Kondalampatti interchange

Special Correspondent

Alteration of original and duly approved scheme "to please vested interests," alleged

CHENNAI : The Madras High Court has stayed the construction of an interchange at Kondalampatti, near Salem, as found in an altered plan of four laning of the Salem-Coimbatore Section of NH-47.

Justice D. Murugesan granted interim stay for job number C-622, for building the interchange, on September 27, 2005, and then extended it until further orders on January 20, 2006.

The Judge was passing orders on a writ petition filed by six persons, who alleged that the Union Ministry of Road Transport and Highways and the National Highways Authority of India (NHAI) had altered the original and duly approved scheme "with a view to please vested interests."

Mr. Justice Murugesan said: "The High Court is pleased to stay the operation and implementation of the altered plan in job No. C-622 four laning of Salem-Coimbatore Section of NH-47 from K.M. 1.60 to K.M. 53 (Package 1) on annuity basis, titled proposed interchange at Kondalampatti pending disposal of the writ petition."

The matter has been posted after two weeks for filing of counters.

Petition

In their petition, N. Krishnaveni and five others submitted that as per the original proposal, a road ramp for connecting NH-47 with NH-7 was to be constructed behind a Bharat Petroleum Corporation Limited outlet. "Much later, and in fact after the proposal for construction of the access road for the outlet had been recommended by the NHAI, a new plan has come to be prepared at the instance of certain vested interests."

"The petitioners understand and believe that the alteration has been made at the behest of a person of great influence with high political connections, in whose lands a company is situated. The petitioners are very seriously prejudiced and their ventures rendered nugatory by the fresh plan to relocate the ramp road.

"The mandatory tests and formalities have been given a go by, the petitioners said, adding, the alteration has now been proposed even without undertaking any of these tests and prerequisites.

"Arbitrary"

"The procedure adopted is wholly arbitrary and whimsical and the Union Ministry of Road Transport and Highways and the NHAI ought not to be allowed to abdicate their duties and responsibilities with a view to please any vested interests, more so when substantial public funds are to be invested in the project."

The Ministry and the NHAI had no authority to alter the scheme to the prejudice of the petitioners, it said and added that the move offended the right to equal treatment and protection guaranteed in the Constitution.

"Inequitable"

Describing it as the "most unjust and inequitable" move, the petitioners sought to stay the operation and implementation of the altered plan in Job No. C-622 four laning of Salem-Coimbatore Section and to direct the authorities concerned to adhere to the original scheme finalised and approved for the work.

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