Punjab-Haryana High Court
Bhiwani Sudhar & Vikas Samiti (Regd.) vs Union Of India And Ors on 18 January, 2018
Bench: Ajay Kumar Mittal, Anupinder Singh Grewal
CWP No.4556 of 2015 -1-
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
231 Civil Writ Petition No.4556 of 2015
Date of decision: January 18, 2018
Bhiwani Sudhar and Vikas Samiti, Bhiwani (Regd.)
....Petitioner
versus
Union of India and others
....Respondents
CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL
HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL
*****
Present: Mr. Mukesh Kumar Verma, Advocate for the petitioner.
Mr. Sandeep Moudgil, Addl. A.G., Haryana.
*****
AJAY KUMAR MITTAL, J. (Oral)
1. The petition, by way of public interest litigation filed under Articles 226/227 of the Constitution of India is, inter alia, seeking a writ in the nature of mandamus directing the respondents to take action against existing unauthorized, unsafe, illegal and improper humps on the roads in the state of Haryana which have been constructed in violation of the specifications defined by the Indian Road Congress. Further prayer has also been made to direct the respondents to identify and record the required locations on the roads of Haryana where speed breakers/humps are required and to construct and maintain humps thereon as per the specifications/guidelines defined by the Indian Road Congress and Government approved specifications.
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2. Notice of motion was issued to the respondents. In response thereto, written statement dated 16.07.2015 on behalf of respondent No.5 had been filed. However, the averments made by the petitioner that certain humps were not in accordance with the norms of the road and as per the specifications of the Government was specifically controverted. Accordingly, on the last date of hearing i.e. 07.12.2017, direction was issued to the respondent-State to file an affidavit giving the details of each speed breaker as depicted in Annexure P-2 which according to the petitioner was unauthorized, unsafe and illegal.
3. In context thereto, learned State counsel has filed an affidavit dated 17.01.2018 of Sh. P.K. Bagri, Executive Engineer, Provincial Division, P.W.D. (B&R) Branch, Bhiwani along with relevant annexures, in Court today, to show that there is no unauthorized speed breaker existing in the State of Haryana. The same is taken on record, subject to all just exceptions. The details of the speed breakers in the State of Haryana as stated in the said affidavit reveals as under:-
'That as per the Annexure P-2 submitted by the petitioner, detail of speed breakers are as under:-
1) Delhi-Hisar (NH-10) road between Rohtak-Meham Mundhal-Hansi :-
It relates to NHAI.
2) Rohtak-Sonepat Road all over:-
(i) That there are 33 Nos. authorized speed breakers on the road of PWD B&R Department Haryana which have been improved as per the IRC specification.
(ii) That there are no unauthorized speed breakers on this road.
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(iii) That regarding details of authorized speed breakers, as latest status has been annexed as R-1.
3) Khulana-Tawroo-Nuh road all over:-
(i) That there are 4 Nos. authorized speed breakers on the road of PWD B&R Department Haryana which have been improved as per the IRC specification.
(ii) That there were 23 Nos. of unauthorized speed breakers and same have been removed.
(iii) That regarding details of authorized and unauthorized speed breakers, as latest status has been annexed as R-II.
4) Sohna-Nuh road all over:-
It relates to NHAI.
5) Bhiwani-Loharu road:-
There are no speed breaker on this road.
6) Bhiwani-Jind-Kaithal road:-
(i) That there are 16 Nos. authorized speed breakers on the road of PWD B&R Department Haryana which have been improved as per the IRC specification.
(ii) That there are no unauthorized speed breakers on this road.
(iii) That regarding details of authorized speed breakers, as latest status has been annexed as R-III.
7) Bhiwani-Bamla-Kharak-Kalanaur-Lahli-Rohtak road (State Highway & NH):-
(i) That there are 15 Nos. authorized speed breakers on the road of PWD B&R Department Haryana which have been improved as per the IRC specification.
(ii) That there are no unauthorized speed breakers on this road.
(iii) That regarding details of authorized speed breakers, as latest status has been annexed as R-IV.
8) Kalanaur-Beri-Matenheil-Bahadurgarh Road:-
(i) That there are 25 Nos. authorized speed breakers on the road of PWD B&R Department Haryana which
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have been improved as per the IRC specification.
(ii) That there are no unauthorized speed breakers on this road.
(iii) That regarding details of authorized speed breakers, as latest status has been annexed as R-V.
9) Jhajjar-Rewari road :-
It relates to NHAI.
10) Other State Highway and Rural Roads:-
(i) That there are 1307 Nos. authorized speed breakers on the road of PWD B&R Department Haryana which have been improved as per the IRC specification.
(ii) That there were 321 Nos. of unauthorized speed breakers out of which 219 Nos. speed breakers have been removed and 102 Nos. improved as per IRC specification.
(iii) That regarding details of authorized and unauthorized speed breakers, as latest status has been annexed as R-VI.
11) Street roads in all the cities of the State:-
It relates to urban Local Bodies.
12) Hodal-Nuh-Dharuhera road:-
Reply is same as given at Sr. No.3'
4. In view of the aforesaid affidavit dated 17.01.2018, no further action is required to be taken and the present writ petition stands disposed of accordingly.
(AJAY KUMAR MITTAL)
JUDGE
(ANUPINDER SINGH GREWAL)
January 18, 2018 JUDGE
sonia gugnani
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No
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