IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR WRIT PETITION NO. 29466/2018 (GM-RES-PIL) BETWEEN RAMESH NAIK L S/O LATE LAKSHMAN NAIK R AGED ABOUT 37 YEARS KADARANAHALLI THANDYA URDIGERE HOBLI TUMKUR TALUK AND DISTRICT-572140 PRESENTLY R/AT LAKSHMI KRUPA 9TH CROSS, GOKULA EXTENSION TUMKUR-572103 ... PETITIONER (BY SRI RAMESH NAIK L, PARTY IN PERSON) AND 1.STATE OF KARNATAKA BY SUB-INSPECTOR OF POLICE TUMKUR EAST TRAFFIC POLICE STATION BARLINE ROAD, TUMKUR-572101 2.DIVISIONAL CONTROLLER TUMKUR DIVISION KARNATAKA STATE ROAD TRANSPORT CORPORATION (KSRTC), I FLOOR KSRTC BUS STAND COMPLEX TUMKUR-572101 3.NATIONAL HIGHWAY AUTHORITY OF INDIA G 5 AND 6, SECTOR-10, DWARAKA NEW DELHI-110075 REPRESENTED BY PROJECT DIRECTOR NHAI, NEAR J.M.I.T CAMPUS NH-4 (K.M.201), CHITRADURGA-577502 (IMPLEADED V/O DT. 10.10.2018) 4.TUMKUR CITY CORPORATION BY ITS COMMISSIONER TOWN HALL, BHAGWAN MAHAVEER ROAD NEAR RAILWAY STATION ROAD GANDHINAGAR, TUMKUR-572102 (IMPLEADED V/O DT. 14.02.2019) ... RESPONDENTS (BY SRI D NAGARAJ, AGA FOR R-1;
SMT. H R RENUKA, ADVOCATE FOR R-2; SRI R V NAIK, ADVOCATE FOR R-3;
SRI SUBRAMANYA R, ADVOCATE FOR R-4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER/REQUISITION DATED 09.07.2016 OF RESPONDENT NO.1 CITED IN ANNEXURE-A AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S.DINESH KUMAR J., MADE THE FOLLOWING:
ORDER This public interest litigation is filed seeking a direction to the respondents to provide a bus-bay and bus-shelter in Tumkur Town on the National Highway, at the spot where Hindustan Machine Tools and Fire Station are situated opposite each other.
2. Petitioner, appearing in person, submits that since there is no bus shelter in that area, public are put to inconvenience. He also submits that in order to reach the other side of national highway, either a skywalk or an underpass is necessary.
3. This matter was heard on more than three occasions.
We had directed the learned Standing Counsel for National Highway Authority, Tumkur City Corporation as also KSRTC to examine and make submissions in this behalf.
4. On behalf of National Highway Authority, a memo of even date has been filed stating that there is level difference of 1.8 mtrs. between main carriage way and service road. There already exists an underpass at a distance of 250 mtrs. from the spot where underpass is sought by the petitioner. As per IRC guidelines, a median opening or an underpass is provided at an interval of 2 kms.
5. Shri R.V.Naik, learned Standing Counsel for National Highway Authority submits that the road is now sought to be widened and land acquisition proceedings are in progress. He submits that National Highway Authority is always conscious of public inconvenience and assures this Court that authority will consider providing a foot bridge if necessary after road widening work is complete. According to him, road widening may take approximately an year.
6. Shri R.Subramanya, learned Standing Counsel for the Corporation and Smt. H.R.Renuka, learned Standing Counsel for KSRTC jointly submit that after a study, both the authorities have found that the place where the bus shelter is sought is highly vulnerable for accidents and therefore, it would not be in public interest to provide a bus shelter in that place.
7. We have also perused the photographs produced by the City Corporation.
8. We have carefully considered rival submissions and perused the records.
9. National Highways are constructed as per IRC norms and such other specifications by the National Highway Authority based on thorough study and technical designs prepared by the authority. The highway designs cannot be altered without proper technical opinion. Highways are designed for high speed vehicles. Crossing of highway is also regulated as per technical design.
10. Therefore, we are of the considered view that construction of national highways and place at which movement of pedestrians has to be allowed must be best left to the discretion of National Highways Authority. It is settled that Courts should not substitute its opinion in such highly technical matters. In our view, it would be inappropriate to meddle with IRC guidelines.
11. We are happy to record the assurance made on behalf of National Highway Authority to this Court to consider construction of a skywalk after road widening work is complete.
12. We trust and hope that National Highway Authority will examine the requirement of skywalk objectively and take necessary action.
With these observations, this writ petition is disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE bkv