JATINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition has been filed under Articles 226/227 of the Constitution of India, seeking issuance of a writ in the nature of mandamus directing the respondents - NHAI to provide an underpass access (hereinafter referred to as UPA) for ingress and egress for the residents of village Sahnewal Khurd which is situated on both sides of the National Highway No.1 and that similar UPAs' have already been provided to other villages namely Nandpur, Rajgarh and Kanech.

(2.) Briefly summarized, the facts of the case are that the petitioners who are residents of village Sahnewal Khurd, have approached this Court contending that the respondent - NHAI has undertaken the work of widening of the National Highways and accordingly, the bridges and flyovers have been constructed. The village of the petitioners i.e. Sahnewal Khurd is situated between the towns Sahnewal and Doraha of District Ludhiana on NH-1. As a result of the bridges/flyover constructed, the abadi of village Sahnewal Khurd is now divided on both sides of the National Highway. Resultantly, people have to travel on either sides of the Highway on daily basis. He contends that there is a continuous flow of traffic on the main highway whereas slow carriage way is required to be used by the residents of the village and in the absence of any access to go to the other side, the residents are inclined to crossover the highway and thus, endangering their lives and that of the commuters as well.

(3.) It is further averred that one vehicular underpass has been provided one kilometer away from the village and that it is difficult for residents to cross the Highway for their everyday routine works. It is further averred that the UPAs have been constructed by the NHAI for inhabitants of village Rajgarh, Kanech and Bilga. The footover bridge was also constructed to approach the Gurudwara Attar Sahib on the G.T. Road towards the side of Doraha, however, the said footover bridge is neither feasible nor practicable since old age persons cannot use the footover bridge for reaching on the other side. Various other aspects highlighting the difficulties faced by the residents were also referred.