NEW DELHI: The Delhi High Court has refused to entertain a public interest litigation (PIL) seeking direction to National Highways Authority of India (NHAI) to permit two-wheelers to ply on all the highways and expressways.
However, a bench headed by Chief Justice Manmohan asked the petitioner to submit a representation to NHAI with respect to imposition of penalty to the extent of Rs 20, 000 on two-wheelers.
“Should the petitioner make the representation, the Competent Authority of the NHAI would consider the same and decide it as expeditiously as possible, preferably within four weeks, ” said the Bench, also comprising Justice Tushar Rao Gedela.
The PIL challenged the gazette notifications issued by the NHAI restricting two-wheelers on national highways and expressways and sought direction to government to framing guidelines for usage of two-wheelers on the national highways and expressways.
Referring to the decision rendered by a coordinate bench in Yuvraj Francis vs. Union of India (2023) case, Chief Justice Manmohan-led Bench said that it agrees and concurs with its earlier analysis and opinion.
In Yuvraj Francis judgment, the Delhi HC had said that “adherence to traffic norms and road regulations is not merely a matter of law, but a paramount necessity to safeguard every individual using our expressways and to facilitate unhindered vehicular flow.”
“The entry of slow-moving vehicles, including but not limited to two-wheelers, three-wheelers, tractors, and animal-driven vehicles, is categorically prohibited on specific expressways developed as high-speed corridors. This prohibition is instituted primarily to ensure the safety of all road users and to maintain the operational efficiency and speed consistency on these expressways, ” it had added.
The Delhi High Court had directed for rigorous enforcement of existing prohibitions pertaining to the movement of slow-moving vehicles on expressways, especially within the territorial confines of Delhi.
Further, it had said that regular monitoring and prompt corrective actions should be taken where deviations from the prescribed norms are observed.