A bench of justices Pradeep Nandrajog and Manmohan Singh accepted Delhi government's argument that the court should dismiss the review petition as the petitioner NGO in its main petition did not raise the averment that the corridor was violative of Master Plan of Delhi 2021 (MPD).
"Suffice would it be to state that in the writ petition, there is no challenge that DRT 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 said.
The review petition, filed by NGO Nyay Bhoomi through its President B B Sharan, said, "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.
"Under the master plan of Delhi 2012, BRT is conceived on the road segment where the total width of road is 45 metres and above. However, this court has inadvertently computed 45 metre equal to 100 feet, whereas 45 meters comes to be about 150 feet...
The court today modified its order, saying it was a typographical error and corrected the figure to 100 feet from 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 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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