NEW DELHI: In a significant ruling, the Supreme Court has directed that no heavy vehicle shall park or stop on National Highway carriageways except at designated bays, while affirming that commuter safety is an integral part of the right to life under Article 21 of the Constitution.
"The Right to Life is enshrined under Article 21 of the Constitution of India is not merely a guarantee against the unlawful taking of life, but a positive mandate upon the State to ensure a safe environment where human life is preserved and valued. The safety of the commuter as an integral facet of the right to live with dignity and a constitutional obligation under Article 21," said a two-judge bench of the apex court headed by Justice J K Maheshwari and Justice A S Chandurkar.
Earlier, at the request of the Court, the Solicitor General Tushar Mehta and the Amicus Curiae, A N S Nadkarni, had jointly tendered suggestions indicating the nature of interim directions that could be considered for being issued during pendency of the present proceedings.
After considering these submissions, the top court passed the slew of directions in its 11-page order, uploaded today in the SC website.
It passed the order while invoking its Article 142 powers - in the suo motu case after the horrific two tragic highway accidents one, in Rajasthan's Phalodi, where a tempo traveler slammed into a stationary truck on November 2, and the other, in Telangana's Rangareddy, where a passenger bus collided with a gravel-carrying truck on November 3.
The following interim directions are issued by the top court. a) Prohibition on Authorised Parking – No heavy or commercial vehicle shall park/stop on any National Highway carriageway or paved shoulder except at a designated bay, lay-bye, or Wayside Amenity; enforcement shall be effected through the Advanced Traffic Management System – ATMS real-time alerts to State Police, GPS – timestamped photographic evidence, and integrated eChallan generation.
These directions must be complied with by the officials and personnel of National Highway Authority of India, State Police, State Transport Department. The District Magistrates of the concerned districts shall set-up a standard operating procedure for this purpose as regards periodical inspections and patrolling by all these authorities.
The court added that these directions must be complied within 60 days from the date of this order. The Inspection, Survey and Citizen Grievance – The Highway Administration, NHAI, NHIDCL, and State PWDs shall, within 30 days, file before this Court a consolidated report.
"Construction/operation of any new dhaba, eatery, or commercial structure within the Right of Way (ROW) of any National Highway is prohibited with immediate effect. District Magistrates shall enforce demolition/removal of all new or existing unauthorised structures within 60 days. No department, authority, or local body shall grant or renew any licence, NOC, or trade approval for any site within Highway safety zones without prior NHAI/PWD clearance; all such existing licences for such sites shall be reviewed within 30 days.
The District Highway Safety Task Force – In every district wherever the National Highway passes through, the concerned District Magistrate within 15 days of this order constitute a District Highway Safety Task Force in every district across India within 7 days of this order, comprising officers of the District Administration, Police, NHAI (or concerned land-owning agency), PWD, and local bodies. The District Collector and Commissioner of Police/Superintendent of Police shall bear joint responsibility for timely encroachment removal.
The court also directed that there should be surveillance, patrolling and illegal parking, operalisation of ATMs, emergency response and Wayside amenities, construction of truck lay bye facilities, accident blackspots and lighting and other strict measures.