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Judgment
Along with the rejoinder a rough sketch map has been enclosed showing the existence of a school in Chandanpur village area close to the NH 203. In terms of the guidelines of the Indian Roads Congress and in particular the guideline 2.13.3 (vi) “Pedestrian underpass/overpass shall also be provided within a distance of 200 m from a school or hospital or factory/industrial area.”
Further, the stand taken in the counter affidavit of the National Highways Authority of India (NHAI) is that “after completion of the project, the construction of pedestrian underpass (PUP) will be considered during operation and maintenance period as per Clause-16 of the concession agreement”.
Admittedly, the operation and maintenance period is already underway. Mr. Amitav Das, learned counsel appearing for the NHAI states that Concessionaire will be requested to examine the area gain and if there is any school existing they will come up with a plan for construction of a pedestrian underpass. In the rough sketch map enclosed to the rejoinder possible location of such an underpass has been indicated. The Concessionaire will examine the feasibility of providing the underpass either in that location or any other suitable location to serve the needs of the residents of the village Chandanpur and other villages in the vicinity.
The further affidavit of the NHAI drawn up with the consultation of the Concessionaire on the above aspect will be filed by the next date.
List on 18th May, 2022.
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