Court Directs State to Clear Illegal Structures from Highways and Comply with Supreme Court's Road Safety Directives
In a significant ruling aimed at enhancing road safety, the Rajasthan High Court has directed the removal of all encroachments within the Right of Way (ROW) of National Highways across the state. The decision, delivered by a bench comprising Dr. Pushpendra Singh Bhati and Sandeep Shah, comes in the wake of increasing concerns over road safety and the alarming rate of accidents and fatalities on highways.
The case, titled "Himmat Singh Gehlot v. State of Rajasthan," involved a petition concerning the encroachment of a Dharmkanta (weighbridge) that led to a tragic accident, resulting in the loss of four lives. The court observed that such encroachments pose a direct threat to human life and violate the constitutional guarantee under Article 21 of the Indian Constitution, which ensures the right to life.
Highlighting the systemic issue of encroachments, the court pointed out that 103 religious, 881 residential, and 1,232 commercial structures illegally occupy the ROW of National Highways in Rajasthan. The court emphasized that permissions, licenses, or utility connections granted by any department or authority cannot validate these occupations, as there can be no estoppel against statute or public safety.
The judgment also referenced the Supreme Court's directives in the case of "S. Rajaseekaran v. Union of India," underscoring the constitutional and statutory obligations of state authorities to identify and remove such encroachments to ensure pedestrian and highway safety.
The court has mandated a coordinated action plan involving various state authorities, including the National Highways Authority of India (NHAI), Public Works Department (PWD), and local police, to ensure the removal of these encroachments within two months. The order includes the establishment of a District Highway Safety Task Force for effective execution.
Furthermore, the court directed the state to submit a district-wise status report detailing the identified encroachments and the actions taken for their removal. The report must also clarify whether rules regulating roadside activities and access to highways have been framed under the Motor Vehicles Act, 1988.
This ruling marks a pivotal step towards enhancing road safety in Rajasthan, aiming to prevent the recurrence of hazardous occupations on highways and safeguard public safety.
Bottom Line:
Encroachments within the Right of Way (ROW) of National Highways, including religious, residential, and commercial structures, are per se illegal and must be removed or relocated to ensure road safety and compliance with statutory norms.
Statutory provision(s): Article 21 of the Constitution of India, Motor Vehicles Act, 1988 - Sections 138(1A) and 210D, National Highways Act, 1956, Control of National Highways (Land and Traffic) Act, 2002
Himmat Singh Gehlot v. State of Rajasthan, (Rajasthan)(DB) : Law Finder Doc id # 2854348
