GHANSITYAM DAS Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) This writ petition has been filed as a public interest litigation with regard to encroachments on the National High Way with a further prayer to increase the width of the road. Particular reference and prayer is made in respect of National Highway Road No. 12 but during the course of arguments all the learned counsel for the. parties agreed that the principles should apply to all the roads connecting Jaipur with National Highways.

(2.) The Roads and their width are regulated by the National Highways Act, 1956. The PWD has also published a book known as 'Specifications for Highways (Part II) Explanatory Note 1981 Edition and the Chapter 2 of the aforesaid book deals with Highway standards and land width, building lines and control lines have been defined in the same chapter and in clause 2.2 the recommended standards have been prescribed and as per Table 2.2-I, the standards which have been recommended for land width have been prescribed and a distinction has been made in the land width for open areas and areas which have already been built-up and since the area through which the aforesaid National Highway passes, is already a built-up area at the disputed place, therefore, the normal land width has been shown as 30 meters and range has been shown as 30-60 meters overall whereas the width of the road at the relevant place is 161.

(3.) The Rajasthan Highways Act, 1995 has also been passed and published in the Rajasthan Gazette dated 22.11.1995 and it is an Act to provide for the declaration of certain highways to be State Highways, to provide for restriction of ribbon development along highways for the prevention and removal of encroachment thereon, for the construction, maintenance and development of highways, for the levy of betterment charges and for certain other matters. Under this Act State highway (Special) State Highway, major district road, other district road or a village road have to be notified. Highways authorities are to be appointed in accordance with the provisions of Sec. 4 of the said Act.