"Suffice would it be to state that in the writ petition, there is no challenge that BRT corridor does not conform to the Master Plan norms and thus, we think that petitioner cannot even attempt to urge anything with reference to the MPD norms being violated," the bench observed.
The review petition, filed by NGO Nyay Bhoomi through its President B B Sharan, had argued that "MPD 2021 is a statutory plan and has the force of law". As per the Master Plan, the BRT cannot exist on a road less than 45 metres in width.
While rejecting the NGO's arguments the bench pointed out that as per MPD 2021, apart from national highways, arterial roads of two kinds - primary and other primary are conceived of, and lastly sub-arterial roads and local streets. The plan contemplates BRT corridors on primary roads having 'ROW' meaning Right of Way, 30 metres and above and BRT corridors on other primary roads having ROW 45 - 60 metres. Thus, HC clarified, issues pertaining to
BRT corridors have to be decided not with reference to the width of a road but with reference to the span of a 'Right of Way'. HC in its decision on Friday also modified the previous order saying due to a typographical error got inadvertently mentioned that the BRT corridor in question is on a road width whereof was 45 metres equal to 100 feet. "The figure 100 is a typographic mistake and should read 150 feet."
While dismissing the PIL earlier, the high court had said, "There being no scope to expand the width of the existing roads and the population of Delhi continuously being on rise, we see no escape from the fact that the citizens of Delhi have to, one day or the other, use public transport.
"On said reason also, it cannot be said implementation of BRT corridors in the city of Delhi is an irrational decision," the court had said.
According to Nyay Bhoomi's plea, for smooth traffic flow on the corridor between Ambedkar Nagar and Moolchand, the government should not restrain any vehicle from plying on the bus lane.
The petitioner had pointed out that most of the time the bus lane remains free while cars and other vehicles get stuck in jams for hours. with the situation on other lanes, meant for cars and other vehicles, remaining chaotic and the people getting stuck in jams for hours.
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