VIJAY SINGHAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner being a public spirited citizen has filed the present petition stating that a stretch of about 80 kms of National Highway No.3 passes through Dhar, Khargone and Indore District and out of this, about 4 kilometers known as Ganeshghat passes through Dhar and Khargone districts. The Path India Ltd. has been authorized to construct the road and thereafter to collect the toll tax.

(2.) On this road, there is a huge traffic of 24 hours day and night. All types of heavy vehicles are running on this road, but the design of the road is defective. The road is having steep gradient and uneven surface making it most vulnerable for accident. The gradient is so much that it is unmanageable and uncontrollable for the drivers to control the vehicle. When this defect was discovered by the authorities, they constructed speed breaker, which instead of solving the problem, further aggravated it.

(3.) This four kilometer stretch of Ganeshghat falls in 2 districts, one in Dhamnod, Distt. Dhar and other in Maheshwar, District-Khargone. Further this falls under jurisdiction of two Police Stations Maheshwar and Dhamnod due to which, people particularly the victims of accidents, are suffering a lot; as the nearest hospital on this road is in Dhamnod Distt. Dhar, but they denied treatment on the ground that the accident site is falls under the jurisdiction of different district; therefore, they cannot get treatment in other district as a result of which the persons who needs utmost medical care are deprived of the treatment. Similarly, lodging of FIRs is also very difficult, as the Police of both the Police Stations refuse to scribe FIR on the issue of jurisdiction.