Telangana High Court
Dr.Vipin Srivastava vs The State Of Telangana, on 15 February, 2022
Author: Satish Chandra Sharma
Bench: Satish Chandra Sharma, Abhinand Kumar Shavili
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
TAKEN UP WRIT PETITION (PIL) No.217 of 2018
ORDER:(Per the Hon'ble the Chief Justice Satish Chandra Sharma) The present public interest litigation has been registered on the basis of letter written by Dr. Vipin Srivastava, Professor of Physics, and he has requested the High Court to deal with the two issues, which are as under:
"i) People indulge in a lot of excessive and unnecessary honking leading to enormous noise pollution. Most of the people just do not know when to honk and when not to honk. This is an example of lack of education on etiquettes of driving. The condition in this regard is so annoying that the Government should be ordered to remove horns from the vehicles all together. This may be an extreme measure, which may not be practicable, but order the Government to
a) declare hospitals, residential and educational areas as 'no-honking' zones and make the violations punishable, b) authorize neighbourhood policing and c) fix a limit on decibel on any horn and implement it strictly;
ii) People have no checks whatsoever on the number of vehicles to be added to the roads. The Government should make policies to some how control the number of vehicles.
At least a statutory warning can be made mandatory on advertisements of vehicles. Of course, the Government will be justified in doing so only if they put in place an efficient and robust public transport system."
His contention is that most of the people driving the vehicles are honking unnecessarily, certain areas should be declared as no-honking zones and violators be punished accordingly. The other prayer is that the State Government should put a check on the number of vehicles to be added on the roads.
A reply has been filed in the matter by the Commissioner of Police and it has been stated that in the 2 township of Hyderabad, driving licences are being issued after taking the test of competence in the driving test. They undergo training in traffic training parks. It has also been stated that they have taken various corrective measures in respect of faulty geometries and on account of various corrective measures taken in road geometries, the fatal road accidents in Hyderabad city have decreased. It has also been stated that they are taking strict action to stop honking by educating the commuters and at the same time enforcing the provisions of the Motor Vehicles Act, 1988 and the Rules framed thereunder. The statement of cases in which action has been taken is also finds place in the reply. The cases registered in 2016, 2017 and 2018 were 7512, 9031 and 2870 respectively. It has also been stated that all the Station House Officers of 25 Traffic Police Stations have conducted 423 neighbourhood meetings to create awareness on traffic rules and regulations and the Hyderabad Traffic Police is strictly adhering to the noise standards prescribed from time to time under the law. Meaning thereby, it has been stated that action is being initiated against the violators.
Reply has also been filed by the Telangana State Road Transport Corporation and it has been stated that all drivers of Telangana State Road Transport Corporation have been instructed not to use horns in silent zones and during night time in residential areas. It has also been stated that supply 3 of pressure horns is being discontinued to reduce the noise pollution in the city.
The Transport Commissioner, respondent No.9, has also filed a reply, which reveals about the steps taken in the matter. It has been stated that there are about 800 private driving schools of light motor vehicles and 66 heavy driving schools recognized by the transport department and they are creating awareness about the rules and regulations governing the field.
The Commissioner of Police, respondent No.4, has also filed a reply and he has also stated that awareness programmes were conducted and details of cases registered under the Motor Vehicles Act also found place in the reply. It has been stated that various sign boards in respect of no- honking and horn prohibited zones have been erected and the traffic police is creating awareness through face book, twitter as well as media.
In the light of the aforesaid, as action has already been initiated by the respondents in respect of no-honking zones and pressure horns, no further orders are required to be passed in the present public interest litigation. However, the respondents are directed to ensure that the horns/pressure horns, which are not permitted under the Motor Vehicles Act and the Rules framed thereunder, shall not be used by any person. It has also been brought to the notice of this Court that in large number of vehicles of VVIPs/Politicians pressure 4 horns and sirens have been fixed and therefore, it shall be the duty of the respondents to ensure that no vehicle is fitted with pressure horns, sirens, flash lights except for the category of vehicles, which are entitled under the Motor Vehicle Act like ambulance and law enforcing agencies. The respondents shall carryout periodic check in respect of such pressure horns, sirens, flash lights and shall ensure strict compliance of the aforesaid direction.
With the aforesaid, the public interest litigation stands disposed of.
Miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.
__________________________________ SATISH CHANDRA SHARMA, CJ ______________________________ ABHINAND KUMAR SHAVILI, J 15.02.2022 ES