Gautam Kumar Laha v. NHAI & Anr.

1. Of the two petitions filed, one is a Public Interest Litigation and the other is a writ petition filed by Motorcycle enthusiasts through Mr. Sidhant Malaiya preferred under Article 226 of the Constitution of India. The PIL seeks a writ of mandamus to quash the Gazette Notification dated 14th June, 2018, bearing GSR number 571(E) and Gazette notification dated 15th January, 2021, bearing File No. NHAI/PIU-GZB/DME-I,II & III/12021/2020 issued by respondent No. 1-National Highway Authority of India (for short ‘NHAI’) and also seeks direction to quash the penalty of Rs.20,000/- imposed on two (2) wheelers apart from other reliefs. The writ petition being W.P.(C) No. 15120/2024 also seeks quashing of the aforesaid notifications as also a direction to respondents to permit two (2) wheelers to ply on all the Highways and Expressways. It also seeks direction to respondent nos. 1 and 2 to frame guidelines for usage of two (2) wheelers on the National Highways and Expressways.

2. After hearing learned counsel for the petitioners at length, the following issues/challenges appear to be presented to us for consideration with regard to the jurisdictional authority of the NHAI: -

(i) to restrict the type of vehicles which would ply on the Expressways purportedly under the provision of section 35 of the Control of National Highways (Land and Traffic) Act, 2002 (for short ‘Act, 2002’).

(ii) to levy/impose a penalty under section 115 of the

Motor Vehicle Act, 1988 (for short ‘MVA, 1988’) read with section 35 of the Act, 2002 to the extent of Rs. 20,000/- for purported violation by two (2) wheelers/ three (3) wheelers, without consulting the State Government as envisaged in section 115 of MVA, 1988.

(iii) to levy a penalty to the extent of Rs. 20,000/-, particularly when under section 177 of MVA, 1988, the maximum penalty is Rs. 500/-.

3. So far as, the issue (i) is concerned, the same has been succinctly and elaborately considered by the learned Co-ordinate Bench of this Court in Yuvraj Francis v. Union of India & Ors., W.P. (C) 13713/2024, decided on 17th October, 2023. To the submission of the learned counsel for the petitioner that there is no rationale or nexus in restricting the types of vehicles plying on expressway, the said judgment in Yuvraj Francis (supra) provides sufficient reasons. In order to appreciate the submissions of the petitioner in the context of ratio laid down by the Co-ordinate Bench of this Court, it would be apposite to extract the relevant paragraphs, which are as under:

4. Having reviewed the documents and contentions placed before us, we unequivocally acknowledge the gravity and public significance of the issues presented in this PIL. In fact, the existing regulatory framework is well-equipped to address the concerns underscored in this PIL, a sentiment echoed by the Petitioner’s counsel. Nonetheless, 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. Given the accelerated pace at which vehicles traverse these expressways, any oversight or disregard for the prescribed regulations could culminate in tragic consequences, manifesting in casualties, physical harm, and extensive property damage. The inherent vulnerability of slowmoving vehicles, notably two-wheelers, three-wheelers, tractors, and the like, when juxtaposed against high-speed vehicles, further amplifies this risk. The disparity in the speed rating for different categories of vehicles complicates the ability of drivers to accurately gauge distances, presenting an additional hazard.

5. The communication issued by NHAI on 02nd September 2022 to Respondents No. 3 and No. 4 paints a revealing picture. It acknowledges the alarming frequency of accidents attributed to the ingress of slow-moving vehicles onto the expressway. The correspondence highlights that 19 entry and 22 exit points are being utilized by these vehicles to access the main carriageway, despite the vigilance of traffic marshals stationed there. The letter also sheds light on the overriding challenge: despite preventive measures, the absence of rigorous enforcement enables these prohibited vehicles to brazenly venture onto the expressway. In light of these revelations, it is evident that NHAI has actively engaged with the relevant authorities, urging them to reinforce and implement the standing prohibitions.

6. It has not been disputed before us by anyone of the Respondents that subject to provisions of the regulations and agreements governing expressways, 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. The Delhi-Meerut Expressway and the Eastern Peripheral Express, for instance, have been designated as highspeed corridors where the movement of slow-moving vehicles is not permitted, as per NHAI’s RTI response dated 22nd May 2023, relevant extract whereof is as under:

┌───────────────────────────────────────────────────────────────────────────────────────────────────────────────┐
│                              Sl.     Information Required                 Desired Information                 │
│                             No.                                                                               │
├───────────────────────────────────────────────────────────────────────────────────────────────────────────────┤
│                           2.       Whether Entry of slow        Delhi Meerut Expressway and Eastern           │
│                                    moving vehicles such as      Peripheral Expressway have been               │
│                                    Two/Three        wheelers,   developed as a high speed corridor and        │
│                                    tractors, animal drawn       the movement of high speed vehicles may       │
│                                    vehicles are permitted to    pose risk to the safety of certain vehicles   │
│                                    enter    and  travel   on    i.e. two wheelers, three wheelers and other   │
│                                    Expressways?                 slow moving vehicles like tractors etc. are   │
│                                                                 not allowed as per the Gazette                │
│                                                                 Notifications dated 15.01.2021 and dated      │
│                                                                 14.06.2018. Under Section 35 of “The          │
│                                                                 Control of National Highways (Land and        │
│                                                                 Traffic) Act, 2002” the slow moving           │
│                                                                 vehicles are prohibited from using the        │
│                                                                 DME & EPE.                                    │
└───────────────────────────────────────────────────────────────────────────────────────────────────────────────┘

9.1. Respondent No. 3 is directed to ensure rigorous enforcement of existing prohibitions discussed above pertaining to the movement of slow-moving vehicles on expressways, especially within the territorial confines of the NCT of Delhi. Regular monitoring and prompt corrective actions should be taken where deviations from the prescribed norms are observed.

9.2. As regards, prayer clause (b) seeking the demarcation of specific lanes for slow-moving vehicles on expressways, we are of the opinion that such a proposition is laden with complexities. The process of setting aside dedicated lanes for such vehicles on expressways is not merely a matter of administrative decisionmaking but is deeply entrenched in policy considerations. Evaluating the implications of such an initiative necessitates an indepth examination of multiple facets including feasibility, road safety implications, potential alternatives, and broader traffic management considerations. Given the multifaceted nature of this issue, it is a decision best left to the discretion of the government and the relevant departments. They possess the required expertise, infrastructure, and ground knowledge to make informed decisions after thorough assessments. As a judicial body, we must refrain from delving into areas earmarked for executive and policy-making functions. The relevant government departments should exercise their discretion, underpinned by expert assessments, to determine the feasibility and safety implications of such initiatives.

10. The Court acknowledges the earnest efforts of the Petitioner in bringing to light an issue of immense public significance. Road safety is an area that demands unwavering attention, and collective efforts from both, the authorities and the public, are imperative for preserving and enhancing it. We hope that the directives laid down in this judgment will pave the way for safer expressways and roads, where every user, irrespective of their mode of transportation, can travel securely and efficiently. The onus now lies on the implementing agencies to translate these directions into concrete actions on the ground.

11. With the aforesaid directions, the petition is disposed of.”