Neutral Citation No. - 2025:AHC:105824-DB Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1674 of 2025 Petitioner :- Pramod Singh Kushwaha Respondent :- Union of India and 4 others Counsel for Petitioner :- Rajesh Kumar Singh,Vijay Krishna Chaturvedi Counsel for Respondent :- Rajesh Kumar Jaiswal, S.C., Rajiv Singh, S.C.,Mahendra Pratap, Pranjal Mehrotra Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J. 1. Mr. Rajesh Kumar Jaiswal, Advocate has filed Vakalatnama on behalf of Union of India, which is taken on record. 2. This petition has been filed by the petitioner purportedly in public interest, seeking a direction to the respondent - N.H.A.I. not to spend government money before the final disposal of the application dated 03.06.2025 submitted by the petitioner pursuant to the order passed in PIL No. 1410 of 2025. 3. Submission has been made that petitioner had earlier approached this Court by filing PIL No. 1014 of 2025 seeking to stop construction of foot over bridge along with ramp at 80.2 kilometer milestone of Varanasi - Gorakhpur road. A further prayer was made seeking a direction to the N.H.A.I. to construct underpass beneath pre-existing PWD pitch road to facilitate through and through utilization of pre-existing PWD pitch road. The said petition came to be disposed of by order dated 27.5.2025 requiring the petitioner to approach the N.H.A.I. with a detailed representation raising all the issues as raised in the petition and it was required of the authority to look into the plea/submissions made/raised and take a decision in accordance with law preferably within a period of four months. 4. It is submitted that pursuant to the said order, a representation was made on 03.06.2025 and before disposal of the said representation, the respondents are continuing to set up the foot over bridge and therefore, they may be restrained from doing so before disposal of the representation made by the petitioner. 5. Further submission has been made that in case the foot over bridge is constructed, the same itself would be taken as a reason for dismissal of the representation made by the petitioner, which has been directed to be decided by this Court and therefore, it is necessary that construction of the foot over bridge be stopped. 6. Having considered the submissions made by counsel for the petitioner and having perused the material available on record, we are of the opinion that the mere fact that foot over bridge, which is already proposed to be constructed by the N.H.A.I. and the construction is underway would be completed, cannot by itself, be a reason to decide the representation regarding the requirement of an underpass as indicated in the representation made by the petitioner with the respondent - N.H.A.I. The representation made by the petitioner, shall have to be considered by the N.H.A.I. irrespective of the fact that the foot over bridge already stands constructed and in case, it is found that the underpass would be required for the purpose of giving passage to vehicles as foot over bridge can only cater the pedestrians, needful can always be done by the N.H.A.I. 7. In that view of matter, we do not find any reason to entertain the petition seeking to stop construction of foot over bridge. 8. The petition stands disposed of. Order Date :- 7.7.2025 nd/AKShukla (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- NISITH DEY High Court of Judicature at Allahabad