JUDGEMENT
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(1.) We have beard learned counsel for the parties. We have also perused the affidavit of Mr- S- B- Sinha, Deputy Secretary to the Government of India, Ministry of Surface Transport (Road Wing) , New Delhi in which it has been stated inter alia, as under:
"3.That the answering respondent respectively submits that the Gas Authority of India has already been permitted to lay the gas pipeline along old Yamuna Bridge on NH-2 at Agra on the Piers/through the brackets. However, any repair to the brackets considered necessary has to be carried out by GAIL as per advise of M/s. RITES, the consultants appointed by GAIL and such repairs/rehabilitation measures must be got approved from NHAI/most and executed before actually laying the pipeline. The GAIL shall however, ensure the safety of the components of the bridge and will carry out the necessary repair/rehabilitation and additional work without causing any damage due to additional load of gas pipeline. 4. That the answering respondent further submits that in case the existing old Yamuna Bridge which was rehabilitated during the year 1986-88, is required to be dismantled at a future date for any reason, the GAIL shall make all arrangement for carrying/shifting the gas pipeline at their own cost. 5. That as regards the proposal of GAIL allowing the gas pipeline on the new Yamuna Bridge the same cannot be agreed to in view of the policy decision of Ministry of Surface Transport circulated vide No. RW/nh/ 11037/1/86-DOI, dated 28-7-1993. As per this decision, the provision of utility services such as water mains, gas pipes and sewerage pipes on the main bridge structure on the National Highways and under other centrally sponsored schemes should be avoided as far as possible. This is due to the reason, that gas mains and lines carrying combustible material should be carried on independent supports on the river bed from safety/ pollution angle. 6. That the old Yamuna Bridge was constructed in the year 1969-70. Normally accepted life of Bridge is 40 to 50 years. There is no proposal at present to dismantle the existing old Yamuna Bridge on NH-2 at Agra. NHAI has already permitted the Gas Authority of India Limited to lay the Gas pipeline along the old Yamuna bridge on NH-2 at Agra on the piers/through brackets after carrying out the necessary repairs in consultation with NHAI/ministry of Surface Transport. "
(2.) In view of the clear averments made in this affidavit filed on behalf of the Government of India that the old Yamuna Bridge would not be dismantled at present and that: the Gas Authority of India may carry the pipeline by under-pinning the gas pipes beneath this Bridge, we dispose of this application by directing the Gas Authority of India to carry the pipeline under the old Yamuna Bridge so as to supply the gas to other zones. This may be done by 30th June, 2000.
(3.) A. Nos. 69 and 71: Counter Affidavit on behalf of the State of U. P. and Union of India maybe filed within two weeks. Learned counsel appearing for the U. P. Pollution Control Board also seeks two weeks' time to submit its report. List these matters immediately after two weeks.;
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