Coram : Chief Justice Sanjeev Narula
Order date : 17th October, 2023
Introduction :
A PIL was filed in the hon’ble Delhi High Court to address concerns over slow moving vehicles on the expressway prohibiting high-speed throughfare.
Facts:
The PIL filed by the petitioner stated that the purpose of the expressway is deteriorated when the slow moving vehicles clogs the roads and also jeopardizes public safety. The PIL intrinsically connects the right to safer travel with that of broad interpretation of right to life and personal liberty.
It was observed that the genesis of the PIL can be traced back to the petitioner’s personal experiences who has been commuting in the Delhi-Gurugram Expressway which is a segment of NH-48. The petitioner claims that the presence of slow moving vehicles in the expressway has significantly increased and has caused multitude of accidents resulting in loss of life and property damage. The petitioner had approached various authorities such as the National Highways Authority of India (NHAI) who has confirmed the prohibition of slow moving vehicles. NHAI came with an agreement with DCP- Gurugram (respondents 5) which stated that vehicles like tractors, carts, and two-three wheelers are explicitly barred.
NHAI reports between 2017-2022 produced data that 31 fatalities have been caused because of slow moving vehicles along with 137 grave accidents in the expressway. The petitioner also refers to the HC of Karnataka which refrained two wheelers to use highways and insisted on using the service roads. The petitioner has filed the PIL on the ground that there is a lack of adherence to traffic norms and road regulations.
Courts Analysis and Judgement:
The court took cognizance of the issue and stated that it is of utmost importance to ensure that traffic rules and regulations are strictly enforced. The court also noticed that the NHAI has observed the alarmingly increasing slow moving vehicles in the expressway causing frequent accidents.
It was stated that that the prohibition of two-wheelers, three-wheelers, tractors and animal driven vehicles are done primarily to ensure the safety of all road users and use the express way effectively. It has been noted that there is a regulatory framework for providing safety measures but the problem persists in the enforcement and adherence.
The court directed the state to rigorously enforce the existing prohibitions with respect to slow moving vehicles. In furtherance, it was held that providing an additional specific lane would be filled with complexities upon the policy considerations.
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Written by- Sushant Kumar Sharma
