NHAI told to remove Kiratpur-Manali national highway encroachments

Legal Correspondent

Shimla, March 21

Taking a serious note on the issue of encroachments, the Himachal Pradesh High Court has directed the National Highway Authority of India (NHAI) to remove all such structures on the Kiratpur-Manali National Highway.

Resolve parking issue also

• The court directed the district administration and police authorities of Bilaspur, Mandi and Kullu to render all necessary assistance to the NHAI so as to facilitate the removal of the encroachments and also carry out the demolition(s).
• With tourists season set to commence shortly, the court has also directed the DC, Kullu to resolve the issue regarding the parking of a large number of Volvo buses/cars on the roadside in Manali, which is the cause of regular traffic hindrances.

While passing this direction, a division bench comprising Justice Tarlok Singh Chauhan and Justice Sushil Kukreja further clarified in the order that onus to establish that the occupant is in lawful possession would be on such occupants and the NHAI would not be responsible to carry out any demarcation in this regard.

During the course of hearing status report on behalf of the NHAI, the court further directed the district administration and police authorities of Bilaspur, Mandi and Kullu to render all necessary assistance to the NHAI so as to facilitate the removal of the encroachments and also carry out the demolition(s).

It further directed the Project Director of M/s MKC Construction Ltd (Contractor) to file status report as well as the undertaking clearly setting out the timeline by which the construction of the Nerchowk-Pandoh stretch of the road would be completed by it.

The court further directed the Competent Authority for Land Acquisition (CALA), Bilaspur, to hand over the possession of land which stands acquired and compensation has already been paid by the NHAI within four weeks so as to facilitate the demolition thereof. It further directed the NHAI to carry out the demolition.

It further directed the district administration and police authorities of Bilaspur to provide all necessary assistance for demolition of these structure.

Taking into consideration, the fact that tourists season is to commence shortly, the court also directed the Deputy Commissioner, Kullu to resolve the issue regarding the parking of a large number of Volvo buses/cars/LMVs on the roadside in Manali, which is the cause of regular traffic hindrances.

The court passed this order on a Public Interest Litigation highlighting the issue of non-completion of fourlaning/widening of national highway from Kiratpur to Manali via Ner Chowk.