Let NHAI experts decide access to highways: Punjab and Haryana High Court

Saurabh Malik

Chandigarh, November 30

In a significant judgment on the execution of projects by the NHAI, the Punjab and Haryana High Court has ruled that issues such as providing access to national highways are required to be left to the discretion of the planners and their experts. Any interference at later stages is likely to have serious implications not only in the due execution of the projects, but also in escalation of the project costs and consequent drain of the public exchequer.

Justice Vinod S Bhardwaj also made it clear that a thing of convenience could not be claimed as a matter of right. The ruling came on a petition filed against the Union of India and other respondents by Jatinder Singh and other petitioners. They were seeking directions to the respondents, the NHAI included, to provide an underpass access for residents of a village situated on both sides of the National Highway No. 1

Justice Bhardwaj ruled that it could not be disputed that the projects such as construction of highways and widening/augmentation of the infrastructure in the country was the field of experts — persons having vast knowledge and expertise in the domain of highway development and maintenance. Their view should not ordinarily be interfered with by the High Court once the project study had been completed and demand found to be non-feasible.

Justice Bhardwaj observed that residents of villages adjacent to the national highway might claim a right to access on either side. Such human aspect had already been taken into consideration. Such a demand could not be extended to vest a right in favour of the residents for granting access from the points of their choice. Such discretion was to be left to the planners — the NHAI experts.

Justice Bhardwaj added that the experts had undertaken the entire survey and explored the possibilities of providing access at various points. “Convenience cannot be equated with conferring a right. Hence, merely because the petitioners are facing inconvenience in travelling to the other side of the national highway cannot be equated to denying access and form the basis for directing the NHAI to provide an additional underpass at the place as designated by the petitioners”.

Justice Bhardwaj added that any such undue indulgence had a cascading effect of similar demand being raised at multiple points, thereby defeating the very object of developing highway projects. Even otherwise, the survey reports took all aspects into consideration and road safety had to be duly taken care of.

Dismissing the petition, Justice Bhardwaj added that vested legal or fundamental right of the petitioners had not been violated necessitating a judicial review. Optimisation and reduction of access to the highway had to be undertaken for the safety of travellers.