Access to roads is a Fundamental Right enshrined under Article 19 & 21 of the Indian Constitution

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Access to roads is a Fundamental Right enshrined under Article 19 & 21 of the Indian Constitution

Harshit Sharma | Amity Law School, Madhya Pradesh | 27th January 2020

Court on its own Motion V/s. Chandigarh Administration & Ors. CWP-PIL No. 78/2019

FACTS OF THE CASE

  1. While taking suo moto cognizance of the matter pertaining to the condition of roads in the Chandigarh Union Territory and misuse of cycle tracks/ pedestrian paths, the Hon’ble High Court has directed its registry to take this matter as PIL and appointed Ms. Reeta Kohli as Amicus Curaie to assist the court. 
  2. In this respect, the Court called representation in person and on affidavit from various departments of Chandigarh Administration, relating to new projects, maintenance work progress etc. 

ISSUES RAISED

  1. Whether citizen has right to approach the court for his deprivation of Right to Access Good Roads and whether it is a fundamental right recognised by the Indian Constitution? 

RULING OF THE COURT/ THE COURT HELD THAT

While recognising the right to use the roads to be maintained by the Municipal Body/ Municipal Corporation and State Agencies, the Court observed the following findings: 

  1. The access to roads is a Fundamental Right as their Lordships of Hon’ble the Supreme Court of India has opined in the case of State of Himachal Pradesh vs Umed Ram Sharma and others 1986 (2) SCC 68. 
  2. “We have also taken judicial notice of the conditions of the roads, including major roads in the City of Chandigarh as well as of tertiary roads connecting the major roads. There are pot holes in the roads. Every citizen has a fundamental right to use the roads to be maintained by the Municipal body/ Municipal Corporation and State agencies.” 
  3. “We appreciate the earnest efforts made by Union Territory, Chandigarh, in construction of cycle tracks. However, all over the world, all the tracks are well lighted. Consequently, there shall be a direction to the UT Administration to provide lighting on all the cycle tracks throughout Chandigarh within six months subject to availability of funds. In any case, lighting in phases shall start within three months.” 
  4. “We also highlight that the school buses shall also be given preference, on the analogy of ambulance and fire tenders, in larger public interest. The UT Administration is directed to ensure that seats in the school buses plying within the territorial jurisdiction of Chandigarh are fitted with seat belts within a period of six months from today. The Secretary Education, Chandigarh Administration, is directed to convene a meeting with all the stakeholders, i.e. Heads of all the educational institutions in and around Chandigarh, regarding the installation of seat belts in school buses.”
  5. “We also take judicial notice of the fact that students including toddlers are ferried across to their schools in Three Wheelers/ Auto Rickshaws. These are overcrowded. It puts the lives of the students at risk. There is every possibility of a child falling from the overcrowded auto rickshaw. It is the duty of all of us to ensure that the students, more particularly those in 1st to 5th Standard are protected by ensuring that the journey from their homes to school should be without any risk or peril.” 
  6. “Accordingly, henceforth we ban carrying of more than four students in an auto rickshaw from their house to school. The Senior Superintendent of Police, Security and Traffic, Union Territory, Chandigarh, is to ensure the due compliance of the order. On the auto rickshaws, it shall be prominently displayed that the school children are being carried in the auto rickshaws.

We permit every citizen in Chandigarh to take photographs of the auto rickshaw carrying more than four students to the schools and send the same to the Registrar General of this Court for taking action against the defaulters.” “We also make it clear that certain norms be observed while there is VVIP movement in the city. We hope and trust that the administration would ensure that in that eventuality the ambulances and school buses are given preference and they are not unnecessarily made to wait in the traffic jam.”

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Hshits1997

Harshit Sharma Advocate is a practising lawyer at the High Court of Madhya Pradesh, Bench at Gwalior. He started his litigation practice before the Hon’ble High Court of Madhya Pradesh since August, 2020 after being enrolled with the State Bar Council of Madhya Pradesh at enrolment number MP/1228/2020. Mr. Sharma hails from a generous and morally-valued driven family. He is the second-generation lawyer in his family who has taken up the task of stepping on the foot-steps of his father and the leading criminal advocate of the Gwalior Bar Sh. Vijay Dutt Sharma, Advocate. He always valued to strike a balance between education and moral-values which he quotes to have been a reflection of his mother Smt. Kusum Sharma and possibly this magical combination of the intellectual father and caring mother sailed him through to take the beautiful and successful academic leap, in both school as well as University. To quote the glorious academic years of Mr. Sharma, it all started with he been awarded with the Soli Sorabjee Award, which is bestowed upon the Legal Studies Topper of Class-XI (CBSE) of Gwalior Glory High School, Gwalior (M.P.). Since then, it has been the blessings of his parents, sister, teachers and family members that he completed his five-year integrated law course in B.A., LL.B. (Hons.) from Amity Law School, Amity University Madhya Pradesh, Gwalior with flying colours and been the over-all topper of the course since its inception to its culmination. Mr. Sharma also had in his names to attend various national and international seminars on growing issues in the field of law and throughout his college life, he has been an active member of the Moot Court Committee and in the culminating years of his college life, he has also served as the Chairperson of the Moot Court Committee of Amity Law School, Amity University Madhya Pradesh. His experience owed from his association with top-notched institutions of the country and law offices, including National Human Rights Commission, National Judicial Academy Bhopal, Chambers of Sh. Sanjay Gupta Ji Advocate (Gwalior, M.P.), Sh. Deepak Vasant Rao Khot Ji Advocate (Gwalior, M.P.), Sh. Fuzail Ahmad Ayyubi Ji Advocate (A-O-R Supreme Court of India), Sh. Vaibhav Shrivastava Ji (Office of Sh. Vivek Tankha Ji Senior Advocate), Sh. Prashant Vaxish Advocate (Supreme Court of India) to name a few. Apart from being an avid learner and through-out student of Law, Mr. Sharma has under his name various research papers and articles published in National as well as International Journals and UGC-Approved Journals, pan India. More so, he is a constant content writer for various online blogs including the LatestLaws.com, Lawyers Club India, Legal Services India, Advocates Pedia Foundation, etc. In addition to his academic excellence, he is green-belt holder in karate and has been a district-level Judo and Table-Tennis Player for his School Team. He is fond of reading books and to pen poetries in both, English as well as Hindi language is his best hobby to spare time with.

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Hshits1997

Harshit Sharma Advocate is a practising lawyer at the High Court of Madhya Pradesh, Bench at Gwalior. He started his litigation practice before the Hon’ble High Court of Madhya Pradesh since August, 2020 after being enrolled with the State Bar Council of Madhya Pradesh at enrolment number MP/1228/2020.
Mr. Sharma hails from a generous and morally-valued driven family. He is the second-generation lawyer in his family who has taken up the task of stepping on the foot-steps of his father and the leading criminal advocate of the Gwalior Bar Sh. Vijay Dutt Sharma, Advocate.
He always valued to strike a balance between education and moral-values which he quotes to have been a reflection of his mother Smt. Kusum Sharma and possibly this magical combination of the intellectual father and caring mother sailed him through to take the beautiful and successful academic leap, in both school as well as University.
To quote the glorious academic years of Mr. Sharma, it all started with he been awarded with the Soli Sorabjee Award, which is bestowed upon the Legal Studies Topper of Class-XI (CBSE) of Gwalior Glory High School, Gwalior (M.P.).
Since then, it has been the blessings of his parents, sister, teachers and family members that he completed his five-year integrated law course in B.A., LL.B. (Hons.) from Amity Law School, Amity University Madhya Pradesh, Gwalior with flying colours and been the over-all topper of the course since its inception to its culmination.
Mr. Sharma also had in his names to attend various national and international seminars on growing issues in the field of law and throughout his college life, he has been an active member of the Moot Court Committee and in the culminating years of his college life, he has also served as the Chairperson of the Moot Court Committee of Amity Law School, Amity University Madhya Pradesh.
His experience owed from his association with top-notched institutions of the country and law offices, including National Human Rights Commission, National Judicial Academy Bhopal, Chambers of Sh. Sanjay Gupta Ji Advocate (Gwalior, M.P.), Sh. Deepak Vasant Rao Khot Ji Advocate (Gwalior, M.P.), Sh. Fuzail Ahmad Ayyubi Ji Advocate (A-O-R Supreme Court of India), Sh. Vaibhav Shrivastava Ji (Office of Sh. Vivek Tankha Ji Senior Advocate), Sh. Prashant Vaxish Advocate (Supreme Court of India) to name a few.
Apart from being an avid learner and through-out student of Law, Mr. Sharma has under his name various research papers and articles published in National as well as International Journals and UGC-Approved Journals, pan India. More so, he is a constant content writer for various online blogs including the LatestLaws.com, Lawyers Club India, Legal Services India, Advocates Pedia Foundation, etc.
In addition to his academic excellence, he is green-belt holder in karate and has been a district-level Judo and Table-Tennis Player for his School Team.
He is fond of reading books and to pen poetries in both, English as well as Hindi language is his best hobby to spare time with.

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