SC seeks report from NHAI, ministry on roadside dhabas, condition of highways

“We cannot turn a blind eye to such tragedies, more so when they could have been averted, had the authorities concerned acted promptly and discharged their duties with due diligence,” a Bench of Justice JK Maheshwari and Justice Vijay Bishnoi said.

The SC Bench said, “Indeed, once a life is lost, the status quo ante cannot be restored, however, any loss of life, in particular due to negligence of the State or public infrastructure cannot be overlooked on such dereliction.”

“Article 21 of the Constitution envisages fundamental right to life, not limited to mere animal existence and includes the right of every citizen to have essential and adequate public infrastructure, thereby imposing positive obligation on the State to ensure the same,” the top court said.

Having regard to the circumstances, it is essential to ask the National Highways Authority of India and the Union Ministry of Road, Transport and Highways, to submit a report, in particular, with respect to these two highways.

The Bench appointed senior counsel ANS Nadkarni as Amicus Curiae to assist it and posted the matter for further hearing on December 15.

The Bench also issued notices to the Chief Secretaries of Punjab, Haryana, Rajasthan and Gujarat, through which the Bharatmala Expressway (connecting Jamnagar to Amritsar) passes, as also the Chief Secretary of Telangana and Chhattisgarh, which are connected by National Highway No. 163.

The order came after the Bench initiated a suo motu PIL, following the tragic road accident on November 2 near Mathoda, in Phalodi district in Rajasthan, that claimed 15 lives and left many seriously injured. It was followed by another accident on November 3 on the Mirjalguda-Khanapur road near Chevella in Rangareddy district of Telangana, resulting in the loss of 19 lives.

Regarding the accident in Phalodi, the Bench said, “On perusal of the articles and reports, it has come to our notice that the accident took place between a bus carrying pilgrims which rammed into a stationary trailer parked near a ‘dhaba’ on the Bharatmala Expressway (connecting Jamnagar to Amritsar).”

Referring to media reports, the Bench said, “There are multiple unauthorised dhabas that are operating alongside the national highway. Besides, it was noticed that many truck trailers were parked in a similar fashion on the national highway. It is also seen that the drivers and helpers usually cross the iron railing to take meals after parking their vehicle.”

On the Rangareddy district accident, wherein a gravel-laden lorry coming from opposite direction on National Highway-163, reportedly rammed into a State Road Transport Corporation bus, while trying to avoid a pothole, led to the death of 19 people, including a 40-day-old infant, it noted that it was reported that no street lights, dividers and signage were observed over the long stretch of the highway.