Delhi HC Rejects Plea to Allow Two-Wheelers on National Highways, Expressways"

Delhi HC Rejects Plea to Allow Two-Wheelers on National Highways, Expressways"

The Delhi High Court recently declined to consider two petitions requesting permission for two-wheelers to operate on all National Highways and Expressways.

In this matter, the petitions was a Public Interest Litigation (PIL) filed by Gautam Kumar Laha, seeking to overturn a 2018 notification by the National Highway Authority of India (NHAI), which restricts two-wheelers from accessing controlled expressways.

The petition also contested the imposition of a ₹20,000 penalty on motorcyclists who violate this restriction.

The other petition, a writ filed by motorcycle enthusiast Sidhant Malaiya, also sought to quash the 2018 NHAI notification.

Additionally, it requested the court to allow two-wheelers on all Highways and Expressways and called for guidelines to regulate two-wheeler use on these roads.

A Bench comprising Chief Justice Manmohan and Justice Tushar Rao Gedela rejected the petitions, referencing a prior judgment in Yuvraj Francis v. Union of India & Ors.

“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,” the Court stated.

In the said matter, the High Court held that it is unsafe for two-wheelers to use expressways, where high-speed vehicles operate.

The inherent vulnerability of slow-moving 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,” the Court had said in that judgment.

Since the Yuvraj Francis verdict was also issued by a Division Bench, the Court deemed it appropriate not to alter the ruling concerning two-wheelers on expressways in the present case.

However, regarding the ₹20,000 penalty, the Court allowed PIL petitioner Gautam Kumar Laha to submit a representation to the NHAI. It further directed the NHAI to address this representation within four weeks.

Advocates Praveen Agrawal and Dhamija appeared for petitioner Gautam Kumar Laha.

Advocates Dr. Amit George, Jasmeet Singh, Saif Ali, Pushpendra S Bhadoriya, Vijay Sharma, Pranav Menon, Saurav appeared for petitioner Sidhant Malaiya.

Standing Counsel Santosh Kumar and advocate Sangeeta Vazirani appeared for NHAI.

Additional Standing Counsel Chetan Sharma, Central Government Standing Counsel Apoorv Kurup and Ankur Mittal and advocates Arnav Mittal, Gurjas S Narula, Shaurya Agarwal, Nidhi Mittal and Aakash Kr. Singh appeared for the Central government.

 

 

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