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2025 DAILYLAW 104607 (ALL)

CHARANJEEV MALHOTRA v. State of UP AND 3 OTHERS

WRIC/34292/2024 · 2025-03-10

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Court No. - 29 Case :- WRIT - C No. - 34292 of 2024 Petitioner :- Charanjeev Malhotra Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Rajesh Dutta Pandey,Vikas Srivastava Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard learned counsel for the petitioner and learned State Counsel for the State-respondents. This petition was entertained on the allegation that foot over bridge is being constructed in front of Ashram restricting ingress and egress to it. The following orders were passed on 27.01.2025:- "There appears to be an Old Age Home at Mauja Vrindavan Bangar in the name of Sant Vriddha Ashram, Chhatikara Road, Mathura. This writ petition has been filed by Charanjeev Malhotra, who claims to be running this Ashram on the ground that a flyover in front of the Ashram is being constructed, as a result, ingress and egress to the Ashram has been stopped. It is submitted that as a result of such construction, the persons residing in the Ashram have become immobile and even in case of serious medical emergency, the movement of ambulance etc. also, is impermissible. Although, construction of flyover may not be objected to as such flyovers are for the larger public benefit, but the authorities undertaking such construction will have to ensure that while constructing such flyover, appropriate arrangement is made for the ingress and egress of the residents, particularly when old age persons are residing in the premises. The movement of ambulance and other emergency services, will have to be ensured. In such circumstances, we direct the State Counsel to obtain instructions from the District Magistrate, Mathura, who shall look into the matter and will apprise the Court as to what arrangements are made to facilitate the ingress and egress of the inmates of the Vriddha Ashram as well as movement of ambulance and other public utility services. Such written instructions under the signatures of the District Magistrate, would be produced by the next date. Put up as fresh, once again, on 13th February, 2025." The District Magistrate, Mathura has filed his personal affidavit enclosing various photographs of the spot. It is stated that at the time when foot over bridge constructions commenced, the premises was not displayed as an old age home. The photographs of 18.02.2025 has also been annexed which clearly shows sufficient space in front of gate of the petitioner for ingress and egress. The foot over bridge otherwise is required since a large number of tourists visit the spot. Learned counsel for the petitioner has filed supplementary affidavit and states that location of foot over bridge be changed. Admittedly, the foot over bridge is being constructed on the road side land. None of the petitioner's land is utilized for the purpose. From the photographs annexed at page 22 of the affidavit of the District Magistrate, Mathura, it is clearly shown that no obstruction to ingress or egress exists. Once that be so, we find no good ground to entertain the writ petition or proceed any further with examination of the petitioner's grievance. Accordingly, the writ petition is disposed of with the observations that the authorities shall ensure that ingress or egress to the petitioner's gate is not obstructed in the process of the constructions of foot over bridge. Order Date :- 11.3.2025 rkg Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad