NATIONAL HIGHWAY PROJECTS Vs. STATE OF BIHAR
LAWS(PAT)-2022-5-29
HIGH COURT OF PATNA
Decided on May 10,2022

National Highway Projects Appellant
VERSUS
STATE OF BIHAR Respondents




JUDGEMENT

- (1.) Following issues arise for consideration:- 1. Whether the failure of the authorities to finalize the setting up of Petrol Pumps leads to a violation of rights vested in travellers? 2. Within the expanding area of Right to Life, does an entitlement of the right to sanitation arise, more so on the Highway, be it setting up of Petrol Pumps and providing facilities therein or otherwise? 3. What is the nature of obligations imposed upon the State to ensure the availability and upkeep of sanitation facilities on the Highways?
(2.) Our discussion, herein later, in relation to several statutes/orders/guidelines/circulars unmistakably points to the obligation on the part of the State (all stakeholders) in establishing sufficient facilities for sanitation and personal care on the Highways, be it on the Petrol Pumps or otherwise. Even earlier, we had emphasized the need for setting up of such facilities both on the National and the State Highways.
(3.) How would a lactating mother travelling from Kishanganj (farthest District from the capital city of Bihar) to Patna (capital city) feed an infant or ease off herself without any such facilities available on the Highways? How would a patient travelling from Kaimur to Patna, the nearest State Level Hospital, undertake such journey without using such facilities on the Highways? How would, a woman, travelling even in a private transport to a tourist destination, such as Nalanda; Gaya; Madhubani; Bithiharwa; West Champaran; Vikramshila; Tomb of Sher Shah Suri at Sasaram and other places of interest, including different religious places of importance of Hinduism, Buddhism, Jainism, Sikhism, Islam, travel without any amenities in Bihar? Manersharif at Maner, Patna is an international attraction for people hailing from the Islamic faith; the famous University of Nalanda which occupies an important place in India's rich and diverse history is also a place often visited by tourist both from within and outside the country. None have thought of having facilities of public concern to such places. It is so unfortunate that in the land of Dr. Bindeshwar Pathak, who revolutionized the public health, hygiene and sanitation concept in India by establishing Sulabh Sauchayalas throughout the country that public toilets and proper sanitation facilities are nowhere to be seen.;


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