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july 2020

Supreme Court of India · 2020-07-14

DIRECTOR GENERAL (ROAD DEVELOPMENT) NATIONAL HIGHWAYS AUTHORITY OF INDIA vs AAM AADMI LOKMANCH .

Citation / case number
SC 2015/27371
Court
Supreme Court of India
Petitioner
DIRECTOR GENERAL (ROAD DEVELOPMENT) NATIONAL HIGHWAYS AUTHORITY OF INDIA
Respondent
AAM AADMI LOKMANCH .
Author
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
Bench
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN, HON'BLE MR. JUSTICE S. RAVINDRA BHAT, HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN

Judgment text excerpt

The Supreme Court addressed the liability of the National Highways Authority of India (NHAI) and its concessionaire, M/s P.S. Toll Road (Pvt.) Ltd., under the agreement for the Pune-Satara section of National Highway No. 4, following a tragic accident caused by over-mining. The Court emphasized the duty of care owed to highway users as stipulated in the agreement, particularly under clauses 18.1.1 and 19.1, and held that the NHAI and the concessionaire were liable for the negligence that led to the deaths of Ms. Vishakha Wadekar and her daughter. The Court upheld the regulations set by the National Green Tribunal, affirming the need for stringent safety measures in highway operations.

DIRECTOR GENERAL (ROAD DEVELOPMENT) NATIONAL HIGHWAYS AUTHORITY OF INDIA vs AAM AADMI LOKMANCH . · Niyam