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2022 Supreme(Pat) 269

SANJAY KAROL, S. KUMAR
National Highway Projects in the State of Bihar – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. P. K. Shahi, Senior Advocate, Amicus Curaie
For the State of Bihar : Mr. Anjani Kumar, Mr. Alok Kumar Rahi
For the Union of India :Mr. Kumar Priya Ranjan, Mr. Pallav, Advocate.
For the NHAI :Dr. K.N.Singh, ASG, Dr. Maurya Vijay Chandra, Mr. Devansh, J.C. to A.S.G., ,Mr. Sriram Krishna, JC to A.S.G., Mr. Amarjeet, Mr. Gaurav Govinda, Mr. Gaurav Kumar, Ms. Anjali Kumari, Advocate.
For the IOCL :Mr. Sarat Kumar Mishra, Mr. Ankit Katriar, Advocate
For the BPCL :Mr. Siddharth Prasad, Mr. Om Prakash Kumar, Advocate
For the HPCL :Mr. Rajeev Prakash, Advocate

JUDGMENT :

Sanjay Karol, J.

Following issues arise for consideration:-

    1. Whether the failure of the authorities to finalize the setting up of Petrol Pumps leads to a violation of rights vested in travellers?

2. Within the expanding area of Right to Life, does an entitlement of the right to sanitation arise, more so on the Highway, be it setting up of Petrol Pumps and providing facilities therein or otherwise?

3. What is the nature of obligations imposed upon the State to ensure the availability and upkeep of sanitation facilities on the Highways?

2. Our discussion, herein later, in relation to several statutes/orders/guidelines/circulars unmistakably points to the obligation on the part of the State (all stakeholders) in establishing sufficient facilities for sanitation and personal care on the Highways, be it on the Petrol Pumps or otherwise. Even earlier, we had emphasized the need for setting up of such facilities both on the National and the State Highways.

3. How would a lactating mother travelling from Kishanganj (farthest District from the capital city of Bihar) to Patna (capital city) feed an infant or ease off herself without any such facilities available on the Highways? How w

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