Nafr High Court
Case Details
1 RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.05.12 19:50:46 +0530 2025:CGHC:21211 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2409 of 2025 1 - Ramesh Sharma S/o Late Goverdhan Sharma Aged About 59 Years R/o Shrikunj Colony, Near Shalini Convent School, Boirdada, Raigarh (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Chhattisgarh Rural Road Development Agency, Vikas Bhawan, Civil Lines, Raipur (C.G.) 2 - State Of Chhattisgarh Through Secretary, Panchayat And Rural Development, Vikas Bhawan, Ground Floor, Sector-19, North Block, Atal Nagar, Nawa Raipur, District - Raipur (C.G.) 3 - The District Magistrate Office Of Collectorate, Raigarh, District - Raigarh (C.G.) 4 - Superintending Engineer Chhattisgarh Rural Development Agency, Project Unit/ Circle 01, Raigarh (C.G.) 5 - Executive Engineer Chhattisgarh Rural Development Agency, Project Unit/ Circle 01, Raigarh (C.G.) ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner For State/Respondent/s
Legal Reasoning
: Mr. Bharat Sharma, Advocate : Mr. Satish Gupta, Government Advocate Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 08/05/2025 2 1. Heard Mr. Bharat Sharma, learned counsel for the petitioner as well as Mr. Satish Gupta, Government Advocate for the State/respondent/s appearing on advance copy. 2. By this instant petition, the petitioner prays for following relief/s : “10.1. That, the Hon'ble court kindly be pleased to issue an appropriate writ directing the respondent authorities to comply and implement the circular dated 19.03.2009 in its true sense for the road in questioni.e. Boirdadar Road from Regda to Urdana situated at Raigarh (which falls under the Pradhan Mantri Gram Sadak Yojana (C.G.)} 10.2. That, The Hon'ble Court may kindly be pleased to issue an appropriate writ directing the respondent authorities to take effective steps to restrain/stop the movement of heavy loaded vehicles weighing more than 12 tons in the road in question i.e. (Boirdadar Road from Regda to Urdana situated at Raigarh) (C.G.)as per the circular dated 19.03.2009. 10.3. That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.” 3. Learned counsel for the petitioner submits that the petitioner is not challenging any particular order but is challenging the inaction on the part of respondent authorities whereby the respondent authorities have failed to comply with the circular dated 19.03.2009 and have failed to restrain/constrain the movement of heavy loaded vehicle in the rural road i.e. Boirdadar Road from Regda to Urdana (herein after referred as the Road in question) situated at Raigarh (C.G.), the road in question has a total stretch 3 of 12.97 Km and the same falls under the Pradhan Mantri Gram Sadak Yojana, a scheme formulated by the central government to increase the connectivity between the two remote villages and ease the transport between the two remote villages, the road in question connects two remote villages i.e Regada to Urdana. As per the circular of the state government dated 19.03.2009 the maximum load limit of a vehicle to operate on the roads falling under Pradhan Mantri Gram Sadak Yojana (PMGSY) is 12 tons and in the road in question the vehicle which are operating presently weighing more than 12 tons which sometimes cross up to 40-60 tons, because of which it is no safer to travel on the road in question. These heavy loaded vehicles carry raw materials from the nearby industries for transportation and the state authorities have not taken any steps so far, to contain the movement of heavy loaded vehicles on the road in question which falls under the Pradhan Mantri Gram Sadak Yojana, the petitioner has requested the authorities to take necessary steps to stop the movement of the heavy loaded vehicles on the road in question but nothing substantial has ever happened till date, it is paramount to bring to the notice of the Hon'ble court that because of the movement of heavy loaded vehicles on the road in question it has deteriorated the condition of the road, increased the pollution and has disrupted the livelihood of petitioner along with many residents of the area. Since the road in question falls under the PMGSY, therefore heavy vehicles cannot operate on it but 4 from past so many years only because of the rampant movement of the heavy vehicles the road in question has been degraded and is in poor quality because of which it is no longer motorable for the common public in general and is no longer safe to travel on it. The petitioner had also moved an application under the RTI to ascertain as to what is the maximum load limit of a vehicle for the road in question, the respondent No.5 through letter dated 25.09.2024 had informed the petitioner about the maximum load capacity of 10-12 tons for vehicles which can operate on a PMGSY road. At present in the said road vehicle heavy vehicles operate because of which the condition of the road is worsened and the common people as well as the petitioner is suffering, the petitioner who is a resident of Shri Kunj Colony along with other residents have also moved an application before the District Magistrate Raigarh (C.G.) requesting to take appropriate actions to stop the movement of heavy loaded vehicles but nothing substantial has ever happened till date. The right for safer road to every citizen is a facet of Article 19(1)(d) and 21 of the Constitution of India and therefore the authorities are duty bound to discharge them without fail, as the road in question comes under the purview of rural road and the width of the road is not that much wide and once the road has been occupied by the trucks or lorry's there is no space for movement of other vehicles which causes a lot of accidents because of which it is no more safe to travel on it when there are large number of trucks moving 5 on the road. Despite large number of accidents which happen on the road in question, no steps have been taken by the respondent authorities to stop the movement of heavy loaded vehicles. As such, the petitioner is seeking necessary direction to the concerned authorities to consider the same in the light of the guidelines as per notification dated 19.03.2009 issued by the State Government. 4. On the other hand, learned counsel for the respondent-State submits that the limited prayer made by the petitioner will be considered and necessary orders will be passed in this respect. 5. I have heard the learned counsel for the parties and also perused the material available on record. 6. Considering the aforesaid facts and circumstances of this case and also considering the statement made by the counsel for the
Decision
respondent-State, the writ petition at this juncture stands disposed of with a direction that the concerned Collector may consider and decide the application/representation dated 05.08.2024, in the light of the guidelines as per notification dated 19.03.2009 issued by the State Government within an outer limit of 60 days. It is made clear that this Court has not made any opinion on the merits of the case. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi