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2016 Supreme(P&H) 3222

IN THE HIGH COURT OF PUNJAB AND HARYANA
S.S. Saron, Lisa Gill, JJ.
Arrive Safe Society of Chandigarh – Appellant
Vs.
State of Haryana – Respondent
CWP No. 14857 of 2016 (O&M)
Decided On : 10-08-2016

Advocates:
Advocate Appeared:
For the Appellant : Ravi Kamal Gupta

The Court emphasized the need for specific material and concrete petitions to address road safety concerns and highlighted the limitations of the Court in issuing directions for legislation.

Headnote:

Public Interest Litigation - Road Safety - Indian Penal Code - Section 304-A/336 - Law Commission of India Report - Road Accidents - Accountability of Officials - Mandamus - High Court's Dismissal of Petition

Fact of the Case:

The petitioner, an NGO, filed a Public Interest Litigation seeking accountability of officials for road accidents due to faulty road infrastructure. The petitioner sought criminal prosecution and departmental action against officials of the Public Works Department and NHAI. The petitioner also sought a mandamus for creating a system to fix accountability and compensate victims.

Finding of the Court:

The Court dismissed the petition, stating that the prayers were ambiguous and unclear. It emphasized the need for specific material to initiate action against officials and highlighted the limitations of the Court in issuing directions for legislation. The Court also noted the petitioner's receipt of funds for a road safety database management system.

Issues: Ambiguity and lack of specific material in the petition, limitations of the Court in issuing directions for legislation, and the need for concrete and specific petitions to address road safety concerns.

Ratio Decidendi: The Court emphasized the need for specific material and concrete petitions to address road safety concerns and highlighted the limitations of the Court in issuing directions for legislation.

Final Decision: The petition was dismissed with liberty for the petitioner to file a fresh petition with specific material and information about improper road and bridge construction.

JUDGMENT :

S.S. Saron, J.

Heard learned counsel for the petitioner at considerable length.

2. The Public Interest Litigation has been filed by the petitioner - Arrive Safe Society ('Society' - for short) for directing the respective State Governments, i.e. State of Haryana, State of Punjab and also the National Highway Authority of India ('NHAI' - for short) (respondents No. 1 to 3), for fixing accountability of the officials concerned of the Public Works Department (Buildings and Roads) of Haryana, Punjab and NHAI and prosecuting them under Section 304-A/336 Indian Penal Code ('IPC' - for short) since they have failed to follow the prescribed Government manuals (Annexures P-5 and P-6) or any other manual available/applicable, in order to ensure that the roads and bridges are constructed as per their own guidelines and provide safe travelling to the commuters and because of whose negligence hundreds of innocent lives were being lost as would be apparent from photos (Annexure P-7/colly.) and report published by Government of India (Annexure P-8).

3. During pendency of the petition, Civil Misc. Application No.9251 of 2016 was filed by the petitioner in terms of Order 6, Rule 17 read with Section 151 of the Code of Civil Procedure for amendment/modification of the prayer in the writ petition. By way of amendment, it is prayed that a mandamus be issued to the respective State Governments directing them for creating a system/mechanism for fixing accountability of the officials concerned of the Public Works Departments (Buildings and Roads) of Haryana, Punjab and NHAI for any road accident occurring due to faulty/poor road infrastructure and missing safety norms on roads and bridges, and take appropriate action in accordance with law against the erring officials in order to ensure that the roads and bridges are constructed as per their own guidelines and because of whose negligence many innocent lives were being lost daily, as would be apparent from photos (Annexure P-7/colly.) and report published by the Government of India (Annexure P-8). It is further prayed for fixing the accountability of the erring officials and compelling them to adequately compensate the hapless victims of such accident from their own funds/salary within a fixed time period.

4. The petitioner - Society, it is submitted, is an Indian Non-Government Organization (NGO) working on developing road safety programs to increase knowledge, awareness and skills amongst all types of road users. Besides, it educates the youth about liquor abuse. It is further submitted that it also works closely with the traffic police departments to improve the law enforcement regarding drunken driving. In addition to being a Member of the Road Safety Councils of Punjab and Chandigarh, the Society has earned several accolades like the Volvo Sustainable Mobility Award - 2013, Prince Michael International Road Safety Award for National Service, State Award for Meritorious Service to name a few.

5. It is submitted that on the constant efforts put in by the petitioner (NGO), the High Court in CWP No.25777 of 2012 directed the States falling within its jurisdiction to remove the liquor vends from Highways (be it National or State) as also from the service lanes abutting these Highways, so as to curb the menace of free availability of liquor and reduce the number of deaths because of drunken driving. Not only this, the States were directed to remove all the advertisements, in any form regarding sale of liquor from Highways and the authorities were directed to ensure that the liquor vends were neither visible nor accessible from the Highways. Contempt petition i.e. COCP No.2194 of 2014 was filed by the petitioner - Society for flouting the above orders, which is pending.

6. It is further submitted that the petitioner-Society in 2015 filed petitions i.e. CWP No.5249 of 2015 and CWP No.5827 o







































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