The Jammu and Kashmir High Court has cleared the path for the continuation of the Merger of Jammu-Akhnoor Flyove, revised flyover construction project between Bhagwati Nagar Chowk and Canal Head on the Jammu-Akhnoor Road (NH-144A). The Court dismissed a petition filed by commercial space owners in the Palm Island Mall, Canal Road, who claimed that the deviations in the revised plan would negatively impact their business interests.

This landmark decision highlights the importance of infrastructure development in Jammu while balancing public interest and private concerns.

Petition Against the Revised Flyover Project of of Jammu-Akhnoor Flyover

The petitioners, who are owners of commercial units in the Palm Island Mall, challenged the revised plan on the grounds that the deviation from the original Detailed Project Report (DPR) was driven by ulterior motives. According to them, the modified alignment would reduce the mall’s entry road width to merely 14 feet, thereby harming the commercial viability and ease of access for customers.

They requested the court to:

• Direct the authorities to follow the original flyover plan as per the approved DPR.
• Prevent the construction of a blind wall in front of the mall.
• Ensure no reduction in the width of the road providing access to the mall.

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High Court’s Verdict: Public Interest Over Private Inconvenience

Justice Sanjay Dhar, delivering the verdict, stated that the revised plan had compelling and valid reasons and could not be discarded merely to accommodate the interests of a few commercial stakeholders.

“Abandoning the revised merger plan would not only delay the project but also lead to significant financial loss to the public exchequer and cause inconvenience to the general public,” the court observed.

The Court emphasized that it is not within its authority to interfere with the government’s engineering and planning decisions, especially when such decisions are made to benefit the public at large.

Court Reaffirms Larger Public Good

The Court acknowledged that while the petitioners might face some level of inconvenience, the larger public good must take precedence. It stated that the government authorities had provided logical and convincing justifications for amending the original merger plan and assured that the mall’s accessibility would not be compromised.

“Merely because the previous plan allowed more direct access to the mall does not mean that the petitioners have the right to stall or reverse infrastructure plans designed for public benefit,” the judgment stated.

The court also warned that granting relief to the mall owners could set a negative precedent, opening doors for multiple similar objections along the project corridor.

Access to Mall Will Remain Unaffected, Say Officials

Officials have assured that:

• The entry and exit points of Palm Island Mall will remain unaffected.
• The road width at the mall’s entrance will not be reduced beyond functional limits.
• The revised plan integrates better traffic management and connectivity.

This clarification from the authorities was a key point in the Court’s decision to dismiss the petition, as it demonstrated a commitment to maintaining access while ensuring the timely execution of a critical public infrastructure project.

Key Takeaways from the Jammu-Akhnoor Flyover Case

✅ Revised Plan Favored by the Court

The Court supported the merger of the two phases of the flyover, stating it was more efficient and would help avoid future logistical hurdles.

✅ Infrastructure Development Prioritized

Justice Dhar emphasized that halting or reversing infrastructure decisions due to private business concerns would compromise development goals in the region.

✅ Mall Owners’ Rights Not Violated

The Court found no substantial proof that the mall’s commercial interests would be seriously harmed or that the revised plan was driven by malice.

✅ Wider Implications Avoided

Any concession to the petitioners, the Court noted, would lead to copycat demands across the project, threatening its overall viability and success.

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The Jammu & Kashmir High Court’s decision reaffirms that urban infrastructure projects, especially those related to road expansion and traffic decongestion like the Bhagwati Nagar to Canal Head flyover, must proceed without undue obstruction. It strikes a balance between legitimate public needs and the concerns of individual stakeholders.

By dismissing the petition, the Court has upheld the government’s authority to modify plans for the greater public interest, ensuring that progress is not derailed by isolated commercial objections.

This verdict sets an important precedent for future urban development initiatives in Jammu and across Union Territory of Jammu & Kashmir.