The Supreme Court on Tuesday issued notice on a Special Leave Petition (SLP) filed by residents challenging the construction of a foot overbridge on a National Highway and seeking the construction of a cattle underpass to facilitate the safe movement of livestock across the road.
The counsel appearing for the petitioners before the Bench of Chief Justice of India (CJI) Surya Kant and Justice V Mohana submitted that the authorities were proceeding with the construction of a foot overbridge between two villages despite earlier directions issued by the Supreme Court regarding compliance with the guidelines prescribed by the Indian Roads Congress (IRC).
It was argued that the project had been undertaken without adequate public consultation and failed to address the actual requirements of the local population.
The petitioners contended that the location in question had been identified as an accident-prone black spot where several fatal accidents had occurred over the years. According to them, villagers were regularly required to move cattle across the National Highway and, in the absence of a safe crossing facility for livestock, were exposed to significant risk.
It was further submitted that the High Court had proceeded on an incorrect factual assumption that a crossing facility already existed at the site. The petitioners argued that there was no proper intersection connecting the roads situated on either side of the highway and that the proposed foot overbridge would therefore not effectively address the difficulties faced by residents.
The petitioners also relied upon guidelines issued by the National Highways Authority of India (NHAI), contending that such norms contemplate the provision of cattle underpasses in areas where movement of livestock across highways is a regular and essential activity.
During the hearing, counsel sought interim relief to restrain the ongoing construction work pending adjudication of the dispute. However, the Bench expressed reservations regarding the grant of any interim order. The Court observed that it was not inclined to stay the highway project and indicated that the petition did not appear to raise a particularly strong case warranting immediate intervention.
The Bench remarked that there appeared to be limited merit in the challenge and observed that it could dismiss the petition at the threshold. Nevertheless, taking note of the submissions advanced on behalf of the petitioners, the Court decided to issue notice in the matter.
When the petitioners argued that continuation of the construction work could render the proceedings infructuous, the Court declined to grant any interim stay and maintained its refusal to interfere with the ongoing project at that stage.
Accordingly, while issuing notice on the Special Leave Petition, the Supreme Court declined interim relief but agreed to list the matter for an early hearing.
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