Chhattisgarh HC Takes Suo Moto Cognizance Of Alarming Condition Of Traffic On State And National Highways In Chhattisgarh

The suo-moto Public Interest Litigation has been registered based on news items published in Dainik Bhaskar, Bilaspur Bhaskar and Nav Bharat.

The bench of Chief Justice Ramesh Sinha and Justice Parth Prateem Sahu observed, “The above news reporting portrays a very alarming condition of the traffic on the streets / roads and especially in the Highways whether it be State Highway or National Highway. Even the traffic condition inside the city is also pathetic because of overspeeding, roaming of stray cattle on the roads, non-maintenance of the roads, poor lighting, absence of proper signage, absence of reflectors, lack of patrolling by the authorities, disorderly parking of trucks and vehicles on the roads, especially during nights and without even switching on the parking lights, driving of vehicles after consuming alcohol etc.”

The Court noted reports from various newspapers highlighting severe traffic safety issues. The first incident, reported by Dainik Bhaskar, detailed the death of 19 Baiga tribe members in a crash caused by brake failure in an overcrowded, uncertified pickup truck. Another report, from Bilaspur Bhaskar described the poor traffic conditions on Bilaspur highways, attributing 107 deaths over four years to drunk driving, with alcohol being served at highway eateries.

“…innocent people are constrained to lose their lives without their being any fault on their part. Mostly, the poor labourers are made to travel in the vehicles which meant for carrying goods and they are carried in those vehicles even much beyond their load capacity.”, the Court observed.

The Court noted that payment of compensation in terms of ex-gratia amount to the families of the deceased or to the injured of a road accident may be of some help, but when a bread earner of the family expires, no matter how big amount of compensation is paid, the same cannot fill the vacuum which is created in the life of the dependents and the entire family gets ruined.

“The attempt of the State should be to take all the necessary measures and to remove all the possibilities which may lead to any casualty in a road accident.”, said the Court.

The mentioned decision of the Supreme Court in S. Rajaseekaran v. Union of India & Others {WPC No. 295/2012} {reported in 2018 (2) SCCD 983 (SC) : (2018) 13 SCC 516: 2017 LawSuit (SC 1226)} where the SC issued various directions and guidelines as to what action the State and the authorities concerned should take to minimise the road accidents.

The Court directed the Chhattisgarh Transport Commissioner, the Regional Officer of the National Highway Division, Raipur and the Project Director of the National Highway Authority of India, Bilaspur, to file their affidavits indicating what steps they have taken in compliance with the order passed by the Hon’ble Supreme Court in S. Rajaseekaran (supra).

The Court further directed that they shall also bring on record the circulars/orders issued by them from time to time to reduce the road accidents that are occurring frequently in the State as well as National Highways and in the other parts of the State.

The Court also required the authorities to inform the Court as to whether the District Road Safety Committees have been constituted or not and if they have been constituted, whether they are functioning as per the directions/ guidelines issued by the Supreme Court.

The Court listed the matter for further hearing.

Cause Title: Suo Moto Public Interest Litigation Based On News Item Publised In Dainik Bhaskar And Nav Bharat, Chhattisgarh v. The State of Chattisgarh

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