Excelsior Correspondent
JAMMU, Oct 27: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Chief Justice N Kotiswar Singh and Justice Moksha Khajuria Kazmi has dismissed the Public Interest Litigation (PIL) seeking declaration as illegal the Toll Plaza at Sarore.
“The respondents have filed their objections, which inter-alia reveal that the issue raised in the instant PIL was already raised in an earlier PIL, registered as PIL No. 59/2019, filed by one Satam Arora and others, wherein the challenge was also regarding the establishment of Toll Plaza Sarore and the relief claimed in the said PIL was that the Toll plaza be shifted to some other place”, the DB said, adding “the PIL was considered by this court and was dismissed on 06.10.2020, by observing that installation of a Toll Plaza falls in the realm of a policy decision of the authorities and it requires consideration of several factors for its location and this court does not have the expertise to make such evaluation”.
“Since the subject of the instant PIL is the same, we are of the view that the PIL will be hit by the principle of constructive res judicata and as such, is not maintainable”, the DB said while dismissing the PIL.
Advocate Karan Sharma represented Union of India through Secretary MoRTH and NHAI and Sr AAG SS Nanda represented J&K Govt.
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