Times of
India: Chandigarh: Sunday, October 06, 2019
The
petitioner has also informed the court that as per reply by the highway
administration to an RTI application, only 37 businesses on 438-km of NH-44
(old NH-1 and NH-1A) in states of Haryana and Punjab have taken mandatory
access permissions
The
Punjab and Haryana high court has issued notice to the National Highway
Authority (NHAI) on a plea against unauthorized access on national highways
(NH) in the state of Punjab and Haryana.
The
HC has also asked the NHAI to provide details about unauthorized accesses on
the highways and guidelines or circulars issued in this regard.
In
the meantime, NHAI is directed to supply a list of unauthorized accesses from
the national highways in contravention to the provisions of the Control of
National Highways (land and traffic) Act, 2002, and Highways Administration
Rules, 2004, along with all circulars and guidelines issued from time to time
and to take all necessary steps in accordance with the law,” observed the HC in
its orders.
Division
bench comprising acting Chief Justice Rajiv Sharma and Justice H S Sidhu passed
these orders while hearing a petition filed by Arrive Safe Society through its
president Harman Sidhu.
The
matter has been fixed for further hearing on October 29.
The
petitioner in this case has sought directions for adherence to the provisions
of the Control of National Highways (land and traffic) Act, 2002, and Highway
Administration Rules 2004 along with its own circulars and guidelines issued
from time to time within a stipulated/fixed time frame, so as to prevent
unwanted casualties because of unauthorized access on national highways, the
same being in contravention of the control of National Highways (land and
traffic) Act.
Directions
have also been sought that until access permission is granted to all
establishments situated along national highways and unauthorized access is
permanently removed and the national highways are made safe to travel for the
commuter, no toll/ fee shall be charged from any commuter of such highways in
accordance with the National Highways Fees (Determination of Rates and
Collection) Rules.
The
petitioner has also informed the court that as per reply by the highway
administration to an RTI application, only 37 businesses on 438-km of NH-44
(old NH-1 and NH-1A) in states of Haryana and Punjab have taken mandatory
access permissions.
“Thousands
of businesses big businesses, housing complexes, colleges, marriage palaces,
hospitals, hotels, restaurants, bars, liquor vends, petrol pumps, factories and
vehicle dealerships are working without this mandatory permission/renewal. The
office of project director of NHAI Ambala is responsible to check violations
and for taking action against the violators on this stretch of national
highway, but the office cites ignorance of any violations,” the petitioner has
stated.
The
HC was also informed that there are 146 unauthorised accesses and 102
unauthorised occupations on a 114-km stretch of NH-1A (NH44) from Jalandhar to
Punjab-J&K border.
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