No construction along road without PWD consent: HC
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Last Updated: Thursday, October 27, 2011, 22:43
Shimla: The Himachal Pradesh High Court on Thursday ruled that there shall be no construction on either side of any motorable road without prior permission of PWD.

A division bench comprising Chief Justice Kurian Joseph and Justice Sanjay Karol ruled that the restriction shall be applicable to both government and private buildings.

There shall be no construction on either side of any motorable road without obtaining prior clearance from the concerned Assistant Engineer of the PWD and no relaxation for construction be given on the "actual road width" which included the area acquired for construction of the road.

The order was passed on a petition filed by an advocate, Tarlok Chauhan.

People are generally not aware of their duty to leave sufficient margin for the development of road. It is appropriate that some safeguards were made in the larger public interest with regard to the maintenance, protection and improvement of roads, the court said.

The court also directed the Public Works Department to keep in mind the possibility of development of motorable road on either side while processing the request for construction on roadside and to take a final decision on the application within 45 days.

The court further directed the PWD to ensure that there was no construction on the actual width meant for the road in any place and clarified that the actual width of the road would not only mean tarred surface but also the width meant for road at the time of acquisition for the road.

The court said that inspite of two legislations, namely The Himachal Pradesh Roadside Land Control Act, 1968, and The Himachal Pradesh Road Infrastructure Protection Act, 2002, intended to achieve laudable objectives, apparently, there was hardly any space for development of roads on either side due to lack of proper enforcement.


First Published: Thursday, October 27, 2011, 22:43

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