Public Interest Litigations can prompt authorities to implement safety measures on highways.

CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE)

2 16-12-2025 Heard learned counsel for the parties.

2. The present writ application has been filed in the form of a Public Interest Litigation (PIL) for the following reliefs:

“(i) For issuance of appropriate writ in the nature of mandamus directing the responsible respondent authorities to construct an over bridge/underpass at Baniya Ghatarain More situated at National Highway No. 19 (NH. No.-2 old), Police Station- Madanpur under the District of Aurangabad for safety of thousands of school going children, pedestrians, senior citizens and residents, who are compelled to dangerously cross the National Highways No. 02 now N.H.-19 (Old Grand Trunk Road), due to the absence of an underpass/over bridge, as frequently accidents have been occurring at this location due to high speed vehicles, resulting in loss of life of hundreds of people, severe/fatal injuries and continuous to threat to human life as this more witnessed repeated accidents.

(ii) For direction to the respondent to undertake an urgent safety audit of the said highway stretch especially at Baniya Ghatarain More location on National Highway No. 2 (Old) for safe crossing of school children and pedestrians by implementing interim safety measures such as speed-breakers, traffic lights, barricading, school-zone signage, etc., during the pendency of this Public Interest Litigation (PIL), in the interest of Justice.

(iii) For direction to the respondents to file a time-bond action plan for construction of over-bridge/underpass at the specified location and safety compliance and also prepared compensation frame work to compensate to the accident’s victims.

(iv) And also for further issuance of any other writ/writs, order/orders, direction/directions for which the petitioners are legally entitled to.”

3. In view of the grievance raised by the petitioners, they are permitted to file a fresh representation before the Project Director, NHAI, Aurangabad.

4. If such a representation is filed, the Project Director, NHAI, Aurangabad, in consultation with the District Magistrate, Aurangabad, shall examine the same and take necessary steps, in accordance with law, to prevent accidents at the site in question.

5. It is expected that the respondent authorities shall take all necessary measures to ensure safety at the site and make appropriate arrangements at the earliest, if accidents are occurring as alleged by the petitioners.

6. With the aforesaid observations, the present writ application stands disposed of.

7. Pending application(s), if any, shall also stand disposed of.

(Sudhir Singh, ACJ)