Recently, the Supreme Court called upon the Union Government to consider whether a National Policy should be framed for laying common utility ducts along highways and other roadways for essential public services, including telecom networks. A bench comprising CJI Surya Kant and Justice Joymalya Bagchi was hearing a PIL filed in 2021 by Haripriya Patel, who sought a uniform and comprehensive policy requiring all highway construction plans to incorporate utility ducts in advance.
The case arose from the petitioner’s plea highlighting how repeated digging and trenching of roads by various departments leads to wastage of public funds, deterioration of road quality, constant maintenance hazards, and disruption of telecom services. She argued that a coordinated approach, where multiple ducts are laid during the initial construction of highways, would prevent duplicative civil work, reduce accidents caused by ongoing repairs, enable real-time traffic management and efficient toll systems, and ensure uninterrupted telecom connectivity.
It was further contended that several expert bodies had long recommended this model, which also found place in the Ministry of Road Transport and Highways’ Guidelines dated 22.11.2016 as well as the National Digital Communications Policy, 2018. The petitioner pointed out that as far back as 2002, proposals existed to shift from the practice of first laying roads and later excavating them for utility networks, but lack of coordination among government departments stalled the initiative.
The Court observed that the issue raised carries significant public importance and noted the prolonged delay despite repeated recommendations. Recognising the potential benefits of integrated infrastructure planning, the bench stressed that the matter deserved serious consideration by the Union Government.
In its direction, the Supreme Court asked the Centre to examine the desirability of formulating a National Policy on common utility ducts and granted four weeks’ time to present its views. The matter will be taken up thereafter.
Case Title: Haripriya Patel V. Union of India & Ors.
Case No.: Writ Petition(s)(Civil) No(s).304/2021
Coram: Hon’ble Mr Chief Justice Surya Kant and Hon’ble Mr Justice Joymalya Bagchi
Counsel for the Appellant: AOR Srisatya Mohanty , Adv. Abhijit Pattanaik, Adv. Sakshi Mittal
Counsel for the Respondent: ASG Vikramjit Banerjee, Adv. Nachiketa Joshi , Adv.Amit Sharma, Adv. Amrish Kumar, Adv. Alabhya Dhamija, Adv. Sushil Kumar Dubey, AOR. Sudarshan Lamba, ADv. Madhu Sweta, Adv. Paranjay Tripathi, AOR Astha Tyagi, AOR Sanjay Kapur, Adv. Surya Prakash, Adv. Mahima Kapur, Adv. Abhishek Tiwari,
Read order @LatestLaws.com
Picture Source :
