LAWS(RAJ)-2026-2-88

HIMMAT SINGH GEHLOT Vs. STATE OF RAJASTHAN

Decided On February 05, 2026
Himmat Singh Gehlot Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) This Court recalls its detailed order dtd. 22/1/2026, wherein judicial notice was taken of the communications issued by the PWD, JDA, NHAI and the Police authorities, as well as of the subsequent unfortunate accident in close proximity to the Dharmkanta in question, resulting in the loss of four lives. This Court had recorded its concern regarding breach of the norms which prohibit construction or activity within the restricted Highway zones measured from the centreline, and had noted that such infractions have a direct and dangerous bearing on road safety.

(2.) Dr. Sachin Acharya, learned counsel appearing for the applicant, submits that relocation of Dharmkanta/weighbridge is underway and seeks extension of time. The application (Inward No. 02/2026) is disposed of by granting 30 days ' additional time. The date 6/2/2026 stands modified to 6/3/2026 for voluntary removal/relocation strictly in accordance with law.

(3.) During the course of the present hearing, the material placed before this Court reveals that the issue is not confined to the solitary Dharmkanta, but discloses a wider and disturbing pattern of occupation within the Right of Way (ROW) of National Highways across several districts of the State, thereby posing a continuing threat to human life and public safety.