New Delhi: No heavy vehicle can stop or park on any National Highway (NH) carriageway, except at a designated bay or lay-bye, the Supreme Court has ordered.
While addressing the systemic flaws at the national highways and expressways, the bench of Justice J K Maheshwari and Justice Atul S Chandurkar held that the “safety of a commuter” is an integral facet of “right to live with dignity” under Article 21 of the Constitution.
“The right to life is enshrined under Article 21 of the Constitution 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 Court observed.
Suggestions indicating the nature of interim directions that could be considered for being issued during pendency of a suo motu proceedings were given by Solicitor General Tushar Mehta and amicus curiae, ANS Nadkarni, as reported by the Deccan Herald.
The Court invoked Article 142 to pass the order in the suo motu case after two tragic highway accidents, one in Rajasthan’s Phalodi, where a tempo traveler slammed into a stationary truck and the other one in Telangana’s Rangareddy, where a passenger bus collided with a gravel-carrying truck.
The court, in its interim directions, said no heavy or commercial vehicle would be parked or stopped on any national highway carriageway or paved shoulder except at a designated bay, lay-bye, or wayside amenity.
The enforcement should be effected through the Advanced Traffic Management System – ATMS real-time alerts to State Police, GPS – timestamped photographic evidence, and integrated eChallan generation, the Court ordered.
“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 bench ordered.
