Endorsing the need for better connectivity, the Supreme Court has signalled to the States to help the National Highways Authority of India overcome obstacles to big road projects rather than wilt under local pressures and concerns which hinder the work. A Vacation Bench made the observation on a plea by the Rajasthan government expressing “helplessness” in removing obstructions to widening of the Delhi-Jaipur highway.
States should help NHAI, says SC
The Supreme Court has signalled to the State governments to help the National Highways Authority of India (NHAI) overcome obstacles before big road projects rather than wilt under local pressures and concerns which hinder the work.
A vacation Bench of Justices P.C. Pant and Amitava Roy made the observation on a plea by the Rajasthan government expressing “helplessness” in removing obstructions — a dry stepwell and a memorial to Baba Balnath — stalling the widening of the Delhi-Jaipur highway.
Under pressure locally, the State government has to think twice about facilitating the road work by doing away with the well and shrinking the memorial compound. The Bench noted that the Rajasthan High Court had said in a May 19 order that the work should go on by removing the well and reducing the memorial area.
“Is the State in a state of helplessness now? The State should help the NHAI complete the project. Instead of facilitating the project, you are creating hindrances,” Justice Roy said.
“A major part of the national highway is complete ... Now do you want it to be held up?” the Bench asked.
The Rajasthan government had questioned the High Court’s reasoning for directing the removal of the well and shrinking of the memorial area.
The Bench refused to budge when Pallav Shishodia, counsel for the State, explained the significance of the well as a water source for the local people. He said thousands visit the memorial.
“We think the better course will be to make further endeavour and efforts to persuade the High Court. You can’t expect us to find faults with the High Court’s reasoning,” Justice Pant observed.
The State had suggested before the High Court an alternative proposal for a bridge or an underpass to leave the well and the memorial untouched. But the High Court dismissed the proposal, observing that there was “no report in last several decades that the well was ever filled with water”.
The High Court further ordered that an extra-wide service road be constructed beyond the memorial by minimising its area.
