State's Duty To Provide Alternative Route For Sand Transport: Punjab & Haryana HC On Plea Flagging Plight Of Residents Stuck In Traffic Due To Movement Of Heavy Vehicles

The Punjab & Haryana High Court has said that "prima-facie it is the duty of the State to provide an alternative route to the traffic which is engaged in the business of transporting."

Acting Chief Justice G.S. Sandhawalia and Justice Lapita Banerji were hearing the plea filed by the residents of Punjab's village near a mining site in Ludhiana, who alleged that villagers are facing "serious multifold health hazard on account of passing through the heavy-overloaded vehicular traffic carrying sand of the respondent No.9 (Tirupati Earth And Project Works Private Limited)."

It was submitted in the plea that the heavily loaded vehicles with sands coming from the mining site are affecting the population of over 2500 to 3000 people, 250-300 school-going children and causing air and noise pollution.

The counsel for the petitioner placed on record a large number of photographs showing the number of heavy vehicles carrying sand both during the day and at night.

The Court said that the right of the state to earn "heavy royalty" from mining "cannot be at the cost of the residents of the three villages." 

"The plight of school buses and other vehicles including pedestrians stuck on the road are apparent apart from the fact that the heavy vehicles on certain occasions due to the material they carry have over-turned in the adjoining fields," the Court noted.

Perusing the affidavit filed by the state authorities the court expressed dissatisfaction and directed to file an affidavit giving the details of the vehicles which have moved from the site in question from 01.01.2024 to 31.03.2024.

The matter is listed for May 21 for further consideration.

Satinder Kaur, Advocate, for the petitioner.

Jasdeep Singh Gill, Additional Advocate General, Punjab.

Krishna Dayama, Senior Panel Counsel, for UOI.

Ashish Verma, Advocate, for PPCB.

Charanjit Singh v. Union of India and others 

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