Construct Shillai link road in 2 months: High Court

Legal Correspondent

Shimla, September 9

The HP High Court has directed the Deputy Commissioner, Sirmaur, to ensure that the construction of a link road from Jamli to Dungad Kitesh via Samadi Mohal Dharwa in Shillai tehsil of Sirmaur district is completed within two months.

Justice Sandeep Sharma passed the order yesterday on a petition filed by a minor disabled girl, Kumari Arushi, for seeking directions for the construction of the road. The petitioner’s grouse was that on account of her disability, she was unable to walk and her father was compelled to take her to her school on his back.

The petitioner said though, considering various resolutions passed by the affected gram panchayat, the authorities concerned had approved a proposal for the construction of a road two years ago, but nothing was done.

Justice Sharma observed that “the right to have access to road is a fundamental right of every citizen, but in case of a disabled person, a special provision has been made under the Rights of Persons with Disabilities Act, 2016.”

The Judge said, “As per Section 41(c) of the Rights of Persons with Disabilities Act, 2016, the duty cast upon the appropriate government is to take suitable measures to provide an accessible road for mobility necessary for persons with disabilities. There is amble material available on record suggestive of the fact that the petitioner is disabled to the extent of 75 per cent and as a result, she is unable to walk. A careful perusal of the material available on record clearly reveals that for more than two years, the petitioner through her father as well as their gram panchayat have been requesting the respondents to provide road connectivity but despite the competent authority approving a road proposal, it was not constructed.”