The Supreme Court on Tuesday issued notice on a special leave petition filed by residents challenging the construction of a foot overbridge on a National Highway and seeking the provision of a cattle underpass instead. The matter was heard by a Bench of Chief Justice of India Surya Kant and Justice V Mohana.

Appearing for the petitioners, counsel submitted that despite the Supreme Court’s earlier directions regarding enforcement of Indian Roads Congress (IRC) guidelines, a foot overbridge was being constructed between two villages without public consultation. It was argued that the area was an identified accident-prone “black spot” where multiple fatalities had occurred over the years and that villagers were compelled to move their cattle across the highway in the absence of a safe crossing mechanism.

The petitioners contended that the High Court had proceeded on an erroneous factual premise that a crossing already existed in the area. According to them, there was no proper intersection connecting the roads on either side of the highway, making the proposed foot overbridge ineffective for the needs of local residents. Reliance was also placed on NHAI guidelines, which allegedly contemplate cattle underpasses in areas where villagers regularly move livestock across highways.

When counsel sought interim relief against the ongoing construction, the Bench expressed scepticism. In a light remark, the Court asked, “Meanwhile, what stay? We should stay highway? The trucks will go by air?” The Bench observed that there appeared to be little substance in the matter and remarked that it could dismiss the petition outright. However, taking note of the submissions of the young counsel, the Court agreed to issue notice.

When the petitioners submitted that the matter could become infructuous if construction continued, the Court responded, “Let it become infructuous,” while declining to grant any interim stay. The Court nevertheless directed issuance of notice and agreed to grant an early date for hearing.