O P BHANDARI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Initially the present petitioner filed a writ petition with a prayer for issuing writ in the nature of mandamus directing the respondents to take immediate steps to remove the blockade, bandh, strikes and any other hurdles over the National Highway 31-A in any manner whatsoever forthwith, alternatively, to provide free air transport and air passage to the people of Sikkim until and unless the said blockade, strikes and bandh are removed from the National Highway 31-A and further directing the respondents to take steps against the organisers of such blockades, bandh and strikes under Section 8A of the National Highway Act, 1956 (in short Act of 1956) and for other reliefs by contending, inter alia, that on account of such strikes etc. general people of Sikkim had been facing hardship inasmuch as free movement of the vehicular traffic and the ingress and egress to and from the State of Sikkim had become a halt, thus affecting the normal life of the people of Sikkim, particularly, the students who study outside Sikkim and whose movement had been seriously affected and that being the position, necessary action be taken by the respondents concerned by deploying Military, Para-military Force or Central Reserve Police Force and to provide the alternative way by free air-trip to and fro, Sikkim so that the blockade and other strike and bandh can be by-passed by the Sikkimese. Subsequently, the said writ petition was amended by the petitioner and sought for the following reliefs.;

(2.) The petitioner appeared in person and conducted the case. According to the petitioner, he is a social worker who is deeply interested in the upliftment and development and overall welfare of the State of Sikkim. The petitioner submitted that due to political reason and disturbance in the . District of Darjeeling, there are/were strikes and bandhs by various political parties of West Bengal and as a result of which all incoming and outgoing vehicles from and to Sikkim has come to a halt by the illegal activities of the political organisations who have been picketing on the National Highway 31A by preventing all vehicles to move to and fro from Sikkim and such situation prevailing in the State of West Bengal, particularly in the District of Darjeeling on and from 11th Feb. 2001 all sorts of movement of essential commodities from outside the State has been totally paralysed causing hardship to the day to day life of the general people of Sikkim. The petitioner also argued that in the event, the State Government of West Bengal is unable to remove such blockade on the National Highway 31A then it must provide its alternative way by free air trip to and fro Sikkim so that the blockade and other strike etc. can be by-passed by the Sikklmese people to lead their normal life and such air passage must be free because it is the statutory duty of the State either to provide free movement over the National Highway 31A or to make alternative way for the people of Sikkim at the cost of the State of West Bengal. It is further contended that the respondents's authorities are to take immediate steps to remove all works of obstacles, bandh, strikes and hurdles on the National Highway 31A and to deploy Military, Paramilitary, Central Reserve Police Force and any other defence personnel to remove such blockade immediately and to issue an order of injunction restraining all such organisations who are creating such bandh, strikes, hurdles and obstacles etc. etc. from blocking and/or calling any bandh, strikes etc. on the said National Highway 31A in any manner whatsoever. While arguing the case, the petitioner supported all these statements and.allegations made in the amended writ petition. The petitioner also submitted that the present writ petition is a Public Interest Litigation. The case of the writ petitioner is resisted by the respondents, particularly, respondent Nos. 1 to 6 by filing counter affidavits. According to the respondent Nos. 1 and 2, 3 and 4, having regard to the administrative capabilities and strength and also having regard to the length of the National Highway 31A being subject matter of the instant writ petition, it is not administratively possible to prevent sporadic and/or Isolated instances of blockade of roads and stoppage of vehicular traffic on the said National Highway because of constraints of manpower and adequate police personnel even though, the administration admits that vehicular traffic cannot be obstructed and/or ought to be obstructed even on days of bandhs/strikes yet effective measures to keep such highways open are always not be possible but on the contrary, it is the endeavour of the administration of the State of West Bengal to ensure that there are no obstruction and/ or blockades resulting any disruption of traffic in the aforesaid highway during such days of bandhs/strikes. It is also the case of the respondent Nos. 1, 2, 3 and 4 that in so far as vehicular traffic pertaining to the essential and life saving services are concerned, they are always kept outside the purview of the bandhs/strikes called by any political parties and, there has been no instances which has been as yet reported to the police authorities in the Hill Sub Divsions of Kalimpong and Darjeeling wherein it has been alleged that ambulances and vehicles of doctors or medical practitioners have been forcibly stopped during the bandhs/strikes and in case, if and when such an incident is brought to the notice of the administrative authorities suitable measures will be taken in accordance with law against the offenders. Keeping in view of the inadequacy of the police force, the said respondents urged that it becomes a Herculean task for the administration to prevent blockade and/or picketing at each and every stretch of the Highway since on days of bandhs/strikes, the service of the police authorities is otherwise required also for maintaining law and order situation at various sensitive places. But the State of West Bengal has extended and is ready to extend all cooperation, help and support despite scarce resources in ensuring that the National Highways are not closed during the bandhs/strikes which may be called in future in the District of Darjeeling so as to ensure that there is no disruption caused in the State of Sikkim subject however, to the limitations mentioned above.

(3.) The case of the respondent No. 5, the State of Sikkim is that as far as the State of Sikkim is concerned, the National Highway 31A up to Rangpo is within the State of Sikkim and the State Government of Sikkim has been able to ensure so far the road is not disrupted from any action of disturbances, but beyond the point from Rangpo towards West Bengal, it has no control at all and as such Government of Sikkim has been pursuing with the Government of West Bengal and Central Government for taking necessary steps so that the situation as being faced by the State of Sikkim during bandhs is mitigated.