Citation : 2024 Latest Caselaw 3509 Patna
Judgement Date : 3 May, 2024
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7477 of 2024
======================================================
Kumari Simran D/o Sanjay Kumar, R/o Near SBI ATM GB Road New, P.S.
Gaya Muffasil, Dist-Gaya, Bihar-823001.
... ... Petitioner/s
Versus
1. Union of India through Secretary, Ministry of Road Transport and
Highways, Transport Bhawan, 1, Parliament Street, New Delhi-110001.
2. The Chairman, National Highway Authority of India, Sector-10, Dwarka,
New Delhi-110075.
3. The State of Bihar through its Chief Secretary, Government of Bihar, Main
Secretariat, Patna-800015.
4. Road Construction Department through its Additional Chief Secretary,
Vishweshwaraiya Bhawan Campus, Bailey Road, Patna-800015.
5. The District Magistrate (Gaya) Collectorate Building, Gaya, Bihar-823001.
6. Senior Superintendent of Police Gaya, SSP Office, Near Kachahari, Durga
Bari, Gaya, Bihar-823001.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Anupam Prabhat Shrivastava, Advocate
Ms. Preeti Pundir, Advocate
Mr. Vishal Ranjan, Advocate
For the State : Mr. P.K.Shahi, Advocate General
For the Union of India : Dr. K.N. Singh, ASG
Mr. Amish Kumar, CGC
For the NHAI : Dr. Maurya Vijay Chandra, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 03-05-2024
The petitioner is a Law student who seeks to
ensure protection on all aspects in the National Highways of Patna High Court CWJC No.7477 of 2024 dt.03-05-2024
the State. The petitioner has sought for installation of street
lights and traffic lights throughout the National Highway
120/State Highway-7, installation of CCTV Cameras,
provision of Primary Health Care with first aid facilities and
establishment of Police Observation Post at suitable
distances. We cannot but say that the prayers are quite lofty,
but however it has to go by the limited resources of the
State.
2. The petitioner has pointed out one accident and
refers to a number of them to seek for appropriate directions
to the State to implement all the aforesaid facilities.
3. As we noticed, the State is the best judge in
such matters of policy and it cannot be done by judicial
orders, that too blanket orders of providing street lights,
traffic lights, first aid facilities and Police Out Posts in the
entire National Highway. We do not think a Public Interest
Litigation can result in such directions issued or monitoring
of the implementation by the State. The State with its
limited resources has to decide on the steps to be taken to
ensure the safety of citizens, which we are sure, would be
looked into by the State.
Patna High Court CWJC No.7477 of 2024 dt.03-05-2024
4. The Public Interest Litigation is misconceived
and we dismiss the same.
(K. Vinod Chandran, CJ)
(Harish Kumar, J) P.K.P./-
AFR/NAFR CAV DATE Uploading Date 06.05.2024 Transmission Date
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