The Karnataka High Court on Thursday permitted a group of petitioners to amend their PIL petition enabling them to question the October 31 decision of the State government rejecting their plea for cancelling the steel bridge project at Shivananda junction.
A Division Bench comprising acting Chief Justice H.G. Ramesh and Justice P.S. Dinesh Kumar passed the order after petitioners' counsel told the court that the Additional Chief Secretary, Urban Development Department, who examined their representation on October 31, rejected their plea against the project.
However, the bench declined stay the project till the petition is amended while observing that the structure can be pulled down if they are not of the prescribed standards. Further hearing has been adjourned.
Non-consideration of representation
As the present PIL had questioned only non-consideration of their representation despite an earlier direction of the court, the bench had directed the State to take a decision by November 2.
The ACS (UDD), who had examined both written and oral arguments on behalf of the petitioners, had rejected their objections while pointing out that the project is for the public good and to ease traffic congestion. The ACS had also said that every infrastructure project does not require approval of the Metropolitan Planning Committee before implementation.
The BBMP has, however, undertaken to place the project before the MPC in the next meeting, the ACS has noted.
The ACS, however, had advised the BBMP to approach railways authorities for remodelling of a railway underpass, mitigate the hazard of sound pollution by providing sound barriers, provide proper drain and pumping mechanism under flyover for likely water logging, explore the possibility of reducing gradient of rap, and to explore pruning or transplanting of trees before resorting to cutting.
Among other claims, the petitioners have alleged that the design of the flyover is not as per the standards prescribed by the Indian Road Congress.
