In the wake of a fatal accident involving a prominent village resident, the Sub-Divisional Magistrate (SDM) of Khanna, Punjab, has issued a stern show-cause notice to the National Highways Authority of India (NHAI) and recommended legal action, citing alleged negligence over an unrepaired pothole.
Information was available with The Chenab Times that the deceased, identified as Amarjit Singh, the serving Sarpanch of village Ratanheri near Khanna, lost control of his vehicle after encountering a large, unrepaired pothole on the national highway. The incident led to him falling onto the road, where he was subsequently run over by a truck, resulting in his death at the scene. A police investigation into the circumstances surrounding the accident has been initiated.
SDM Swati Tiwana stated that the preliminary assessment indicated the presence of a deep pothole on a stretch of the National Highway as the primary cause of the accident. She highlighted that the development, maintenance, and management of such highways are statutorily entrusted to the NHAI under Section 16 of the National Highways Authority of India Act, 1988, read in conjunction with the National Highways Act, 1956.
“The responsibility to maintain the carriageway in a safe and motorable condition, whether executed directly or delegated to a concessionaire or maintenance contractor, is absolute and non-delegable when it comes to the liability towards road users,” SDM Tiwana explained. “The existence of a hazardous pothole on a toll-bearing or maintained highway stretch, without any repair, barricading, signage, or warning, speaks volumes and constitutes gross negligence. We have formally communicated with the Project Director regarding this matter, especially considering the tragic loss of a life.”
The show-cause notice specifically queries why accountability for the death, attributed to negligence, should not be fixed upon the NHAI and its designated maintenance contractor or concessionaire responsible for the affected section of the highway.
It is important to note that established timelines exist for the identification and rectification of potholes and other surface defects, as stipulated in the relevant concession or maintenance agreements. Furthermore, periodic road safety inspections are mandated across all National Highway stretches. The occurrence of a fatality directly linked to a basic maintenance failure suggests a significant breach of these obligations by the NHAI and/or its appointed agencies.
The notice further elaborates, “In light of the aforementioned circumstances, you are hereby directed to present a cause, within 24 hours of receiving this notice, as to why responsibility for the death resulting from negligence should not be attributed to the NHAI and its concessionaire/maintenance contractor for the stretch in question. It also asks why the matter should not be referred to the investigating agency for proceedings under Section 106 of the Bharatiya Nyaya Sanhita, 2023, and other applicable legal provisions against the officials and agencies found to be responsible. The notice further demands that the names and particulars of the officers, engineers, and contractor personnel responsible for the maintenance and inspection of the said stretch be provided to the police for the ongoing investigation, and that the matter be reported to the Regional Officer, NHAI, and the Ministry of Road Transport & Highways for appropriate departmental and contractual actions, including the imposition of penalties as per the concession/maintenance agreement.”
Additionally, the SDM has instructed the NHAI to undertake immediate repairs of the pothole and the defective stretch in village Ratanheri. The authority has also been directed to conduct a comprehensive safety audit of the entire National Highway stretch falling under the jurisdiction of Khanna Subdivision. The NHAI is required to submit a report detailing the audit findings along with its official response to the notice within the stipulated timeframe.
The SDM emphasized that should the NHAI fail to provide a satisfactory reply within the specified period, it would be presumed that they have no defence to offer, and further legal action would be pursued accordingly. Recommendations for action have also been conveyed to the competent authorities.
“The safety of road users is of paramount importance to the district administration, and any lapses that result in the loss of human life will be treated with the utmost seriousness,” the SDM concluded.
The Chenab Times News Desk