Nagpur Aug 9(ILNS): The Nagpur Bench of Bombay High Court on August 06, issued notice to the concerned authorities on a Public Interest Litigation filed on the issue of narrowing down of the overbridge on the National Highway No.53.
The PIL has been filed by Yuva Shakti Manch and others.
The Division Bench comprising of Justice Sunil B. Shukre and Justice Anil S. Kilor, after hearing the submission made on behalf of the Petitioners, issued notice to the respondents, and asked them to reply within four weeks.
P.B.Agrawal, Counsel for the Petitioners, contended that the width of the over bridge which has been constructed on National Highway No.53 is more, while the width of the underpass which exists on the same highway into which the over bridge converges has a width of 22.5 meters.
According to the Counsel for the Petitioners, the result of this mismatch is that at the point where the over bridge converges into the main National Highway, narrowing down of the slope of the over bridge occurs, is dangerous for safety and security of the vehicles as also property and lives of the persons.
Such narrowing down of the over bridge on the National Highway is not permissible nor is it desirable if the authorities are very much concerned about the safety of the persons and their property, the Counsel added.
Counsel for the Petitioners also referred to clause 7.3(ii) of 2014 Indian Roads Congress guidelines. The relevant portion is extracted as follows “7.3 Width of Structures: Width of the culverts and bridges shall be adopted as follows … New bridges: a) All new bridges shall have a footpath on the left side of the traffic direction. The overall width of new bridges with a footpath on the left side shall be the same as the roadway width of the approaches…..”
U.M.Aurangabadkar, Assistant Solicitors General (ASG) of India waived service of notice for the Union Of India.
Counsel for the Petitioners urged the court to restrain the Union Of India and Ministry of Road Transport from constructing a new over bridge only at the location which joins the vehicle underpass from Nagpur side on National Highway No.53.
The Court said, “that the work which is going on has been undertaken in the larger public interest and if any interim order, at this stage, without giving any opportunity of hearing to the respondents is passed, there is a possibility of the larger public interest being affected, we are sure that the respondents being the responsible authorities would also be conscious about the need for ensuring vehicular safety as well as safety of the passengers, pedestrians and all kinds of users of the road and therefore, during the interregnum, they would not take any such step as would have the effect of public interest being compromised,” the court said./ILNS/SS/SNG