D.D. AHUJA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition, filed as public interest litigation, highlights the casualties caused because of 'unauthorized speed breakers' constructed on the roads of Chhattisgarh ignoring the guidelines which are being issued by the State Government as well as the Government of India.

(2.) According to the Petitioner, roads are being constructed in the State of Chhattisgarh by different authorities including the National Highway Authority of India, Public Works Department, Municipal Corporation, Municipal Councils as well as the Gram Panchayats. The case of the Petitioner is that directions have to be issued to ensure that no speed breakers are constructed in any of the roads maintained by the Respondent authorities which do not confirm to the specification given by the Indian Road Congress (for short, 'IRC') and if at all any, they shall be caused to be removed within a stipulated time. The Petitioner points out that guidelines on the construction of 'speed breakers' for controlling the speed of vehicles have been drawn and finalized by the IRC, based on the necessary inputs collected from different corners and assessed by the Traffic Engineering Committee of the IRC. The draft finalized by the Executive Committee was placed in the Council and thereafter, it was approved with some minor changes as borne by the Annexure P/1 guidelines issued by the IRC.

(3.) According to the Petitioner, the speed breakers, where permitted to be installed, provide visual, audible and tactile stimuli which alert the drivers and cause them to slow down. These can have different heights, lengths, spacings, signs etc. however, an ideally designed hump, as pointed out by the Petitioner, should satisfy the following requirements: