Denial Of Access To Road To Residents Of Hilly Areas Would Tantamount To Denial Of Constitutionally Guaranteed Right To Life: HP HC [Read Order]

The Himachal Pradesh High Court on Wednesday (07th October) observed that access to roads, vis-à-vis, the residents of hilly areas is an inbuilt component of the constitutionally guaranteed right to life, and any denial thereof, to the residents of hilly areas, would tantamount to the constitutionally guaranteed fundamental right to life, hence, becoming breached and infringed.The Bench of Justices Sureshwar Thakur and Chander Bhusan Barowalia was hearing the plea of petitioners, seeking a mandamus upon the respondents, to operationalize the Dharampur-Rajpura road and declare it fit for plying of vehicles thereon, hence, for enabling the residents of the area concerned to ensure the plying thereon(s) of HRTC buses for them, thereafter, availing the facility of making road communication(s) therefrom.Court's AnalysisThe High Court cited the ruling of the Apex Court in the case of State Of Himachal Pradesh & Anr vs Umed Ram Sharma & Ors AIR 1986 SC 847, wherein the Court had observed that for residents of hilly areas, access to roads is the access to life.Further, the Court observed that the respondent is a welfare state, and so it is the duty bound under the Law to provide access to road facilities to the petitioners and other residents, who upon the completion of the public road (DharampurRajpura) would enjoy the facility of plying their vehicles thereon(s), and also would enjoy the facility of plying of HRTC buses.With the aforesaid observation, the writ petition was allowed and the respondents were directed to provide the road facility to the petitioners and other residents.The Court directed the respondents to ensure that the road is ready within 6 months. Also, within the aforesaid period, the respondents have been directed to take recourse of the statutory mechanism(s) for granting compensation to the landowners.Notably, the Uttarakhand High Court on Friday (25th September) observed that proper medical facility is one of the fundamental rights of every citizen. Appropriate medical facilities have to be provided by the State.The Bench of Acting Chief Justice Ravi Malimath and Justice R. C Khulbe was hearing public interest litigation seeking an order to direct the respondents to implement various health schemes, as propounded by the State and the Centre, and other consequential reliefs.On considering the contentions, the Court was of the view that in larger public interest, the medical facilities throughout the State of Uttarakhand requires to be consideredClick Here To Download Order[Read Order]

Denial Of Access To Road To Residents Of Hilly Areas Would Tantamount To Denial Of Constitutionally Guaranteed Right To Life: HP HC [Read Order]

Sparsh Upadhyay

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