*Authority blatantly violating SC judgment, Road Safety Policy
Mohinder Verma
JAMMU, Sept 29: Taking serious note of the criminal negligence towards the terrible condition of National Highway 1A from Lakhanpur to Kalibari and non-adherence to repeated official communiqués, the Kathua district administration has initiated criminal proceedings against Project Director of National Highway Authority of India (NHAI) under Section 133 of Code of Criminal Procedure (CrPC).
Now, the Project Director of NHAI is required to improve the condition of this stretch of National Highway by October 8, 2014 failing which he may face stern action, which include arrest under Section 188 of Indian Penal Code and penalty worth Rs 10 lakh under the provisions of National Road Safety Policy.
Official sources told EXCELSIOR that stretch of National Highway 1A from Lakhanpur to Kalibari is in deplorable condition during the past quite long time and despite repeated reminders from Kathua district administration, Project Director of National Highway Authority of India, R P Singh has not initiated any exercise to repair the damaged portions.
This stretch of highway has emerged as a major threat to the life of the commuters, which is evident from the fact that due to ditches and potholes several road traffic accidents have taken place, they said, adding the situation has assumed alarming proportions for the local residents, who are the regular and frequent users of this stretch of the highway.
“Though Deputy Commissioner Kathua, Dr Shahid Iqbal Choudhary has a number of times brought the deplorable condition of this stretch of highway to the notice of Project Director NHAI through different means of communication, the latter failed to act”, sources informed. The non-serious attitude of the NHAI is notwithstanding the fact that National Road Safety Policy, 2010 clearly mandates the agencies responsible for maintenance of the highways to ensure safety of road users. Moreover, Section 21 of the National Road Safety and Traffic Management Board Bill prescribes penalty up to Rs 10 lakh for those failing to comply with the standards for design and maintenance of the National Highways.
Moreover, the Supreme Court in its judgment dated April 22, 2014 in a writ petition titled “S Rajaseekaran Versus Union of India and Others” has directed the agencies responsible for maintenance of the highways to identify black spots—problem spots where large number of accidents occur and ensure regular maintenance and availability of safe roads for the citizens.
Taking serious note of the non-compliance of the National Road Safety Policy and repeated communications of Deputy Commissioner Kathua, Additional District Magistrate, Kathua, G Prasanna Ramaswamy in pursuance of the directions of Apex Court, has initiated proceedings under Section 133 of Code of Criminal Procedure against R P Singh, Project Director, NHAI with the direction to the Project Director to show-cause as to why the order should not be made absolute in case he fails to repair the highway by October 8.
In the notice, it has been mentioned that negligence on the part of Project Director has led to public nuisance of the highest order where lives of innocent citizens are at stake and the situation demands immediate intervention for removal of this nuisance or else irreparable damage may be caused to the public.
The Additional District Magistrate has also brought to the notice of Project Director that SP Traffic Rural Jammu vide report dated August 30, 2014 has pinpointed more than 10 locations on this stretch of the highway plagued with ditches, potholes, broken portions of the central median and absence of proper sign boards that are the causes for obstruction of traffic and endangering the safety of road users, sources informed.
This report was shared with the Project Director NHAI vide letter No.DDCK/CPO/2014-15/291 (CAS) NH-IA/4067-69 dated September 25, 2014 mentioning the gravity of the matter and immediate need to initiate remedial measures for repair of damaged portions of the highway but no action has so far been taken by the NHAI, sources further informed.
According to the sources, several deputations of local people have also approached the district administration regarding the problem of improper drainage of water at Kalibari, which widens ditches and potholes during the rains thereby resulting into several accidents and subsequent loss of life and property.
Following inundation of large stretch of National Highway from Kalibari to Lakhanpur during the recent floods, the Deputy Commissioner Kathua had asked the Project Director to send teams for inspection so that right of public way for road users could be restored at the earliest and the Project Director even committed to comply with the direction through a message dated September 5 but he failed to keep the commitment till date, sources said, adding due to non-serious approach of the NHAI unnecessary obstruction and delays were caused in clearing the vehicles carrying relief material in the wake of recent natural calamity.
Since the District Hospital Kathua is situated very close to the highway and ambulances carrying patients use this road frequently, the damaged and dilapidated road poses a threat to the safety of the patients, the Additional District Magistrate said in the notice.
The Project Director has been asked to ensure repair of the highway by October 8 besides putting up cautionary sign boards at all junctions especially Janglote Crossing and Logate Morh and construction of roundabouts at major junctions like Hatli Morh Chowk, Kalibari Chowk, Dayala Chak Chowk and at the diversion to Rajbagh to avoid frequent accidents at these spots.
He has also been asked to undertake remedial measures suggested in the Road Safety Report submitted by SP Traffic Rural Jammu. The Additional District Magistrate has asked the Project Director to personally appear before his court on October 8 to show cause failing which proceedings under Sections of Code of Criminal Procedure and Section 188 of IPC may be initiated against him.
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