Allahabad High Court
Manju Singh vs State Of U.P. And Ors. on 16 July, 2007
Equivalent citations: 2007(4)AWC3733
Author: Devi Prasad Singh
Bench: Devi Prasad Singh, J.M. Paliwal
JUDGMENT Devi Prasad Singh, J.
1. The petitioner, who is the wife of a Lieutenant Colonel of the Indian Army residing in Jankipuram locality of the capital of the State, has approached this Court under Article 226 of the Constitution of India feeling aggrieved of the encroachment of roads and traffic mismanagement in the cities of the State of U.P. including Lucknow.
2. The submission is that on account of inaction on the part of the State during peak hours, congestion takes place in the markets as well as densely-populated areas of the city of Lucknow. The attention of this Court has been drawn to other cities of the State of U.P., particularly the 'A' Class cities with the submission that the State has failed to discharge its constitutional and statutory obligations to provide quality of life i.e. fundamental in nature, protected by Article 21 of the Constitution of India.
3. It has been argued by the petitioner's counsel that on account of increase of population in the urban area, it is expected from the State that the appropriate steps should be taken to manage the smooth movement of the vehicles in the cities. Parking slots or lots and taxi stands should be provided and be marked by notice boards conspicuously at appropriate places to check the traffic congestions. The State Government has not taken any step to make it mandatory for the builders and colonizers to provide parking lot in basements or at ground floor while proceeding ahead with the construction of multi-storeyed buildings, malls, shopping complexes or colonies. Plans are sanctioned and maps are passed by the local bodies and developmental authorities without attention to the growing problem of traffic congestion in the cities.
4. It was argued that it is of common knowledge and experience of every citizen of the State that there is mismanaged traffic system in the cities like Lucknow, Allahabad, Varanasi, Gorakhpur, Bareilly, Kanpur, Meerut, Agra, Ghaziabad etc. Even in small cities too, no preventive steps have been taken to channelise the traffic movement. The submission of the petitioner's counsel is that the parking slots should be notified and on road-side, places should be earmarked where taxies, buses etc. may be stopped to facilitate the boarding of passengers. It has been submitted that at nowhere in the city of Lucknow, notice boards have been installed earmarking the parking places for vehicles like tempo, taxies or bus stands. The position is the same with other cities of the State of U.P. It has also been submitted that in densely populated markets, shopkeepers had raised projections towards road-side and encroachment has been done covering not only the drainage system but over the roads also. Even outside cities, roads have been encroached by the private persons in contravention of the provisions contained in U.P. Roadside Land Control Act, 1945.
5. It has further been submitted that under U.P. Urban Planning and Development Act, 1973, it is the statutory duty of the State Government and developmental authorities to chalk out plans and develop their cities in such a manner which may provide a quality of life to the citizens. The petitioner's counsel has relied upon the provisions contained in Sections 8 and 9 of the 1973 Act which imposes a statutory duty on the State and its developmental authorities to prepare zonal development plans and tackle the problems of encroachment over roads, streets and lanes.
6. The U.P. Roadside Land Control Act, 1945, further provides that no person shall erect or re-erect any building or make or extend any excavation in a controlled area. For convenience. Section 5 of the U.P. Roadside Land Control Act, 1945, is reproduced as under:
5. Restrictions on building etc., in a controlled area.--Notwithstanding anything contained in any other law for the time being in force:
(a) no person shall erect or re-erect any building or make or extend any excavation in a controlled area; and
(b) no person shall except with the previous permission of the Collector in writing, lay out any means of access to a road in a controlled area.
7. The provisions contained in U.P. Municipalities Act, 1916, as amended from time to time, under Chapter VII cast a statutory duty on the municipalities to maintain the roads, streets and lanes and ensure that no person raises projection towards lane, roads and streets affecting the movement of peoples and traffic in any manner whatsoever. Similar duty has been assigned to the Nagar Mahapalika under Chapter XII of the U.P. Nagar Mahapalika Adhiniyam, 1959.
8. Section 117 of the Motor Vehicles Act, 1988, casts a statutory duty on the State Government and Its administrative authorities to determine the places at which the public service vehicles may stop for a longer time than is necessary for the taking up and setting down of passengers.
9. Section 119 of the same Act further provides that every driver of a motor vehicle shall drive the vehicle in conformity with any indication given by mandatory traffic sign. For convenience, Sections 117 and 119 of the Motor Vehicles Act, 1988 are reproduced as under:
117. Parking places and halting stations.o--The State Government or any authority authorized in this behalf by the State Government may, in consultation with the local authority having Jurisdiction in the area concerned, determine places at which motor vehicles may stand either indefinitely or for a specified period of time, and may determine the places at which public service vehicles may stop for a longer time than is necessary for the taking up and setting down of passengers.
119. Duty to obey traffic signs.--(1) Every driver of a motor vehicle shall drive the vehicle in conformity with any indication given by mandatory traffic sign and in conformity with the depriving regulations made by the Central Government, and shall comply with all directions given to him by any police officer for the time being engaged in the regulation of traffic in nay public place.
(2) In this section "mandatory traffic sign" means a traffic sign included in Part A of the Schedule, or any traffic sign of similar form (that is to say, consisting of or including a circular disc displaying a device, word or figure and having a red ground or border) placed or erected for the purpose of regulating motor vehicle traffic under Sub-section (1) of Section 116.
10. Under Schedule 1 of the Motor Vehicles Act, various mandatory signs have been provided to regulate traffic movement which includes one way sign, no entry sign, vehicle prohibited, both direction sign, all vehicle prohibited area sign, truck prohibited, no parking zone sign. Uturn prohibited sign etc. Thus, keeping in view the provisions in Schedule 1 of the Motor Vehicles Act, it is evident that it shall be mandatory for the Government or the authorities concerned to install sign-boards at conspicuous places displaying the mandatory signs relating to traffic movement as provided under Schedule I of the Motor Vehicles Act.
11. Chapter VIII of the Motor Vehicles Act contains various provisions which are statutory in nature for control of traffic movement. Immense influx of light and heavy vehicular traffic with tremendous increase of population of the State, roads have become dangerous to human life. They will prone to accident in case the State failed to regulate the movement of traffic in a channelised manner keeping in view the letter and spirit of Chapter VIII of the Motor Vehicles Act and other statutory provisions, coupled with the constitutional mandate of Article 21 relating tp quality life.
12. Article 51A of the Constitution of India casts a duty upon the citizens of India to safeguard public property and to stride towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.
13. Apart from projection on roadside encroachment, one other reason is the hoardings or advertising boards near and facing the roads which creates traffic hazards. Most of the advertising boards have such bright light which may not only distract the driver but a clear obstruction to the flow of the traffic. The object of legislation is to prevent accident and check the possible violation of traffic regulations. Hon'ble Supreme Court in the case of M.C, Mehta v. Union of India and Ors. while debarring the hoardings held as under:
The civic authorities including D.D.A., the Railways, the police and transport authorities, are directed to identify and remove all hoardings which are on roadsides and which are hazardous and a disturbance to safe traffic movement. In addition, steps be taken to put up road/traffic signs which facilitate free flow of traffic.
In the case of M.C. Mehta (supra), the Apex Court has issue various directions regulating the vehicular traffic with greater emphasis for the removal of all hoardings and advertising board on the roadside which are considered hazardous and disturbance to safe traffic movement.
14. In Ancient India, our forefathers have taken steps against the encroaches affecting traffic movement over roads. Prof. Irfan Habib in his book, "Indus Civilisation", has observe with all praise relating to the street management during the period of Mohenjo Daro (Approximately 3000 B.C.).
15. Learned author again noticed that strict disciplines were maintained by rulers in the city of Mohenjo Daro that no encroachment or construction is made on roadside. Things were maintained in the original form without encroachment by citizens. Few lines from the same book (supra) are reproduced as under:
While a main street in the acropolis was 6 metres wide, the 'first street' in the lower town had a width of more than 10 metres : it would have allowed two bullock-carts to pass each other with much space to spare. Throughout the larger part of the life of Mohenjo Daro as a city, no encroachments or construction on these roads was allowed.
16. Kautilya, also called Chanakya, in his book, "Arthashstras" (a famous treatise), edited by L. N. Rangaranjan, while giving description of roads in urban and rural area has given emphasis relating to construction and maintenance of roads depending upon the traffic congestion. To quote:
The main city, in the central part of the country, was located near a perennial water source, and well laid out and fortified {3.3.5} There were at least four other towns functioning as the headquarters of the provisions into which the country was divided {2.1.4}.
The Janapada or countryside consisted of villages with clearly marked boundaries {2.1.3., 3.9.10-14}; pasture lands lay between villages on land not suitable for agriculture {2.34.6}. Roads of different widths, depending on the nature of the traffic, connected not only the towns and villages but also the country with its neighbours {2.4.1.5}. Rivers and lakes had dams and embankments impounding water for agriculture {2.1.20-23}.
It is thus evident that even almost 2005 years ago, the statesmen of this country were conscious that the roads, lanes and streets should be maintained keeping in view the density of the population and traffic congestion to provide a quality of life to the citizens.
17. But it appears that in spite of the fact that our country is one of the biggest democratic country in the world, it has failed to achieve the things which we were having thousands of years back. The preamble of the Constitution assures dignity of individual and Article 21 protects the dignity, quality and livelihood. The quality and dignity of human beings correlate to a channelised, properly and decently regulated urban life. Mismanaged of traffic can be noticed while moving in the markets like Bhutnath. Aminabad, Charbagh, Kaiserbagh. Parking of vehicles adjacent to mall shops may be noticed at any time, particularly in peak hours causing great inconvenience and hardships to the citizens. The congestion may be very well regulated by one way traffic movement in the marks and congested lanes and by notifying the traffic slots and compelling the multi-storeryed builders to construct the parking slots at the basement on ground floor of the multi-storeyed buildings but it has not been done. We wake up only when some mis-happenings took place or the things become so worst that the functioning of the system becomes standstill. One of the reasons seems to be ineffective statutory provisions. Unless the defaulters are challaned or punished quickly with heavy fine and severe punishment, the law is not followed.
18. The petitioner's counsel has rightly pointed out referring the Ancient History of this country drawing attention of the Court towards the ancient Indian civilization giving usurps of books, "And Advanced History of India", written by R.C. Majoomdar, H.C. Rai Chaudhary and "Prachin Bharat Ka Itihas Tatha Sanskriti", written by K.C. Srivastava pointing out that the cities should be planned with foresightness and steps be taken in advance. When the public servants and rulers work overnight at the cost of their own comfort and luxury, only then the people get a pleasant sleep in the night. For every public related problems, now it has become the scene of the day that the peoples are running towards the higher judiciary. The Government seems to be not conscious to take preventive steps by removing the roadside encroachments an making necessary provision to regulate traffic movement earmarking halting places etc. Time of the Court is wasted for the things for which the duty has been assigned by the Constitution to Legislature and bureaucracy.
19. During the course of hearing, following questions were framed on June 11, 2007, directing the respondents to give response:
(1) Whether parking places have not been marked, not only in the city of Lucknow but also other Kaval towns of State of U.P. and appropriate notice board or plagues have been placed there for information of the people?
(2) Whether the appropriate places have been earmarked for taxi or bus stand not only in the city of Lucknow but in the other cities of the State of U.P.?
(3) What steps have been taken by the State Government and Transport Authority as well as traffic department to restrain the vehicles from parking at crowded places like mall shops, markets where peoples used to indulge into shopping and to remove roadside encroachments?
(4) Whether the State Government has provided/issued rules or guidelines for creation of parking place wherever multistoreyed buildings are constructed and colonies are developed for residential purposes?
20. State has filed counter-affidavit and brought on record various circulars issued from time to time to regulate traffic movement in the State of U.P. It has been provided by the State that the persons plying two- wheeler vehicles shall compulsorily use helmet and vehicles shall follow the various directions, displayed on streets and roads in the form of mandatory signs. The circular dated 10.4.2007 further provides that it shall be ensured that the roads' encroachment shall be removed immediately. One other circular dated 3.2.2007 further states that the parking of vehicles be regulated in such a manner so that no inconvenience is caused to the public and the places where congestion of traffic takes place because of markets, hospitals, railway station etc., parking lots should be provided. The circular also provides that rate-board should be displayed on taxies and tempos to check the excess charging. Various orders and circulars, filed through affidavit contained in Annexures-1 to 7, indicate the efforts made by the State to remove encroachment and specify the parking places. By Annexure-8, various parking places earmarked in the city of Lucknow relating to six zones have been indicated. Annexure-9 depicts that seven places have been earmarked as bus stand in the city of Lucknow and 47 routes have been earmarked for plying of tempos and taxies. However, Annexure-9 further shows that there are 3,500 tempos and taxies in the city of Lucknow for which it is necessary to specify parking lots, particularly at railway station, Charbagh, City Station, Aishbagh, Daliganj, Badshahnagar, Gomtinagar and Mohibullapur as well as bus station, situated at Charbagh, Kaiserbagh, Ambedkarnagar.
21. Need to specify the parking lots for Lucknnow Mahanagar at various places nearby educational institutions, hospitals, residential colonies and historical places has been noticed by the transport department as is evident from proposed plan, filed as Annexure-9 to the writ petition but it has not been acted upon.
22. The State of U.P. has also prepared draft rules, namely Uttar Pradesh Police (Traffic) Yatayat Prabandhan and Kalyan Nidhi Niyamawali, 2006 (in short hereafter referred to as Draft Rules), a copy of which has been filed as Annexure-10 to the affidavit. According to the draft Rules, it has been proposed that 75% of the amount, recovered through fine at the spot from the vehicle owners should be remitted to traffic department of the State and 25% to the State treasury. This has been done with intention to meet out the financial crunch which the traffic department is facing. Relevant portion from the Draft Rules relating to the financial matter is reproduced as under:
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23. It is settled proposition of law that in absence of any rules, regulations or statutory provisions, the provisions contained in the Draft Rules may be pressed into service to meet out the contingencies vide Vimal Kumari v. State of Haryana and Ors. .
24. It has not been disputed that the working plan for the parking of vehicles, prepared by the Regional Transport Officer, Lucknow, as contained in Annexure-9 to the writ petition, has still not seen the light of the day. Vehicles' congestion can be noticed anytime in the city of Lucknow.
25. The Additional Director General of Police (Traffic) was summoned by this Court and his statement was recorded with intention to find out the reason for traffic congestion which the State of U.P. is facing, particularly in the 'A' Class cities. The order-sheet dated 14.6.2007 of the present writ petition contains the observation of the Court on the basis of the statement made by Shri A.K. Gupta, Additional Director General of Police (Traffic). For convenience, it is reproduced as under:
Mr. Arun Kumar Gupta, Additional Director General of Police, Traffic and Ms. Sandhna Goswami, Superintendent of Police (Traffic), Lucknow are present in person.
Affidavit filed by the State is taken on record.
The petitioner's counsel is permitted to implead the Principal Secretary, Urban Development and the Principal Secretary, Housing as well as the Principal Secretary, Local Bodies as respondents 9, 10 and 11 in the present writ petition during the course of day.
In response to the Court's queries, Mr. Arun Kumar Gupta has made a statement that though at some places, mandatory boards have been installed but not at all the places either the city of Lucknow or other cities of the State of U.P. because of financial crunch. It has also been stated that one way traffic system has been introduced at some places but not throughout the State of U. P. where congestion takes place in peak hours. For Lucknow city, it has been stated that twelve places have been marked to introduce one way traffic system but not finalized till date. It has also been submitted by Mr. Gupta that the traffic jam also causes because of roadside encroachment as well as due to the, hoardings placed at the side of roads. He further stated that steps are taken to remove the hazardous boards but they are installed again and again. He very fairly admits that in all the "A' class cities of the State of U.P. and other cities, the signboards, as provided in Schedule-I of the Motor Vehicles Act, have not been introduced because of financial crunch.
Mr. Jaideep Mathur, learned Additional Advocate General submits that though under bye-laws and rules, there is a provision for creation of parking slots at multi-storeyed places and at the places where malls are constructed or colonies are developed but such provisions have not been followed in letter and spirit. It has been supplemented further by the learned Advocate General that because of high charges for parking in the malls, the vehicles' owners use to park their cars outside the mall and shopping complexes. It has also been submitted that on account of financial crunch and lack of necessary financial sanction, the traffic department does not have their own cranes to lift the vehicles which are found to have been parked at unauthorized places.
Since relevant material through affidavit has been placed on record and the statement relating to factual position has been made, it is not necessary to call for parawise reply to the writ petition.
With the consent of the parties' counsel, the writ petition has been heard finally.
However, as an interim measure, the respondents are directed to ensure that so far as the Lucknow is concerned, at all twelve places where introduction of one way traffic system has been found to be necessary, the same be set up forthwith alongwith Bhootnath area, expeditiously and preferably within a period of one month. Let the mandatory signboards be also installed at appropriate conspicious places in the city of Lucknow keeping in view the provisions contained in Schedule-I of the Motor Vehicles Act. Let unauthorized roadside encroachment and hazardous board be also removed forthwith.
So far as the financial crunch is concerned, the State Government is directed to provide fund to the traffic department for purchase of cranes and other instruments forthwith in terms of the proposed rules, namely U.P. Police (Traffic) Yatayat Prabandhan and Kalyan Nidhi Niyamawali, 2006.
Subject to the interim direction, made herinabove, judgment reserved.
Thus, from the statement made by Mr. A.K. Gupta, Additional Director General of Police (Traffic), it is evident that no effective effort has been made by the State keeping in view the true spirit of the law, discussed hereinabove to remove traffic congestion in the State of U.P. for one or the other reason. The mandatory sign-boards keeping in view Schedule-I of the Motor Vehicles Act have not been installed in sufficient number in the city of Lucknow to regulate traffic movement. At the crowdy places, one way traffic system has not been introduced. Hazardous boards have not been removed permanently. It has been stated by Mr. Gupta that whenever the boards are removed, they are put in again and again. On account of financial crunch, the cranes and other instruments could not be purchased to remove vehicles, parked in 'no parking zone'. It has also been stated that on account of high fee charged by malls, vehicle owners use to park their vehicles outside mall on the road. Other submission is that there is no sufficient space to provide parking slots to accommodate all vehicles.
26. According to a recent report, published in "The Indian Express" of June 29, 2007, accidents occurred in Hazratganj area of Lucknow vis-a-vis other places collectively, are as under:
Year Total No. of accidents Accidents in Hazratganj
(centre of Lucknow)
2004 690 76
2005 714 70
2006 714 81
2007 339 45
(till May)
The aforesaid data shows sorry State of affairs relating to traffic management in the capital of the State of U.P., particularly in the Lucknow city. The newspaper reports every day show vehicular accidents occurring in the State of U.P., particularly in "A" Class city because of ill traffic management. The accidents took place because of various factors like encroachment over roads, untrained drivers, badly shaped vehicles, unregulated traffic movement etc.
27. Thus, almost sixty accidents occur every day in case the newspaper report is correct. The actual overall data of all over the State of U.P. must be too high. It is necessary that appropriate steps may be taken immediately for a scientific traffic management. High rate of accidents in urban areas, particularly in cities is also because of buses, taxies etc. moving with high speeds. It should be appropriate that every bus, taxi, tempo, jeep plying in the urban area must possess speed regulator. The authorities concerned must provide the maximum speed for the taxies, buses plying in the urban area and accordingly, the maximum speed so provided should be regulated by speed regulator to minimize the accidents.
28. One more reason for cause of accidents at alarming rate appears to be installation of electricity poles covering roadsides, particularly in narrow lanes, by-lanes and roads of congested area. The. electricity poles create hurdle in smooth movement of traffic. At least in "A" class cities, the underground cables should be laid down for street lights, the electricity poles should be installed without affecting the width of roads or if possible, on the dividers created in the mids of roads.
29. It has been noticed that because of encroachment and projections on roadsides, the site canals or nalis are blocked or choked resulting in water logging over the roads in rainy season which damage the roads and make it prone to accidents.
30. Once there is no dispute that the roadside encroachment, hazardous board, unregulated movement and traffic and parking of vehicles are the root cause of traffic jam, then it is not justified on the part of the State not to discharge its statutory and constitutional duties under the garb of financial crunch. On account of roadside encroachment and unregulated traffic movement, the roads are prone to accident.
31. Hon'ble Supreme Court in the case, in Kirloskar Bros. Ltd. v. E.S.I. Corpn. held as under:
The expression 'life' assured in Article 21 does not connote mere animal existence or continued drudgery through life. It has a much wider meaning which includes right to livelihood, better standard of living, hygienic conditions in the workplace and leisure facilities and opportunities to eliminate sickness and physical disability of the workmen.
32. In a case in Paschim Banga Khet Mazdoor Samity v. State of West Bengal . Hon'ble Supreme Court held that the Constitution envisages the establishment of welfare State at the federal level as well as at the State level. In a welfare State the primary duty of the Government is to secure the welfare of the people. Article 21 imposes an obligation on the State to safeguard the right to life of every person.
33. In other cases, in Kapila Hingorani v. State of Bihar and Hinch Lal Tiwari v. Kamala Devi and Ors. . Hon'ble Supreme Court held that the quality and dignity of life are fundamental in nature, protected by Article 21 of the Constitution of India. A traffic system which is' prone to accident and fatal to human life affects the quality and dignity of life as well the right to life. It is not only the statutory duty but also the constitutional obligation of the State to regulate the traffic in appropriate manner by taking necessary steps.
34. It is the duty of the State to remove the roadside encroachments/ projections or construction in any form not only in the cities but outside the cities keeping in view the mandate of U.P. Roadside Land Control Act, 1945. Preventive steps should be taken and local authorities of every district should be made responsible to see that no encroachment is made in the form of projection or construction not only in the cities but on the connecting roads in the State of U.P. keeping in view the statutory provisions referred to hereinabove.
35. It is not disputed that the traffic movement in the city of Lucknow and other towns of the State of U.P. have not been regulated appropriately by the State authorities on account of encroachment and projection on roadside. Streets and roads have become narrower than the original one and no mandatory sign board has been installed in the cities of the State in a planned manner. No effective measure has been adopted by the State to check encroachment on roads. Multi-storeyed buildings and colonies have been developed and constructions are being raised without any provision for the parking of vehicles. Although, the State has taken some steps to regulate the traffic and provided parking slots but they are insufficient to meet the requirement. As discussed hereinabove, only the Government orders and directions have been issued from time to time which are only in the record books without their effective implementation. The inaction on the part of the State, coupled with the authorities' lethargic attitude may be noticed anytime while driving in the densely populated area of Lucknow City. Penalty for violation of traffic law is so meagre that the persons possessing light or heavy vehicles never hesitate to break the law.
36. It is significant to note that the Constitution of India has vested the High Court wide power under Article 226 of the Constitution. However, the Court while passing order has to keep in mind the main object of the Constitution sought to be achieved in regard to the public interest and good administration. The Court issues directions keeping in view the facts and circumstances of the case and the provisions of the Constitution. Perpetuation of illegality essentially need to be stopped. Article 226 empowers the Court to provide justice wherever it is needed. The said Article also enables the Court to mould the relief and to issue proper directions keeping in view the interest of public at large. Reference in this regard can be made to the judgments of the Supreme Court in the cases, in Comptroller and Auditor General of India, Gian Prakash, New Delhi and Anr. v. K.S. Jagannathan and Anr. 1986 SCC (L & S) 345, Dr. Kashinath G. Jalmi and Anr. v. Speaker and Ors. and Badrinath v. Government of Tamil Nadu and Ors. . In the larger interest of public and to satisfy the requirement of enforcement of law, shaking the enforcement agencies and police officers to perform their duties with a further object of arising basic awareness for adherence to rules of traffic and to ensure compliance by the public authorities/corporations directly or indirectly connected with traffic of U.P., the Court may issue appropriate directions to ensure that justice is done to a common man and he is able to travel on the roads in the State of U.P. without fear of fatal accidents.
37. It was argued and has been noticed that though the authorities want to provide one way traffic system in densely-populated area and create no parking zones' but on account of hue and cry made by some of the businessmen or interested persons who are not conscious to their fundamental duties, enshrined in Article 51A of the Constitution of India, the orders of this Court are not implemented and the authorities fail to discharge their statutory obligations.
38. Needless to say that the individual right has to give away to the right of public at large. The right of one is the obligation of another. Even if some difficulty arises or some hardship causes to a group of persons or somebody or some section of the society, it should not come in the way to protect the right of society at large. Hon'ble Supreme Court in the case in State of Punjab and Ors. v. Ram Lubhaya Bagga and Ors. , held as under:
No right could be absolute in a welfare State. A man is a social animal. He cannot live without the cooperation of a large number of persons. Every article one uses is the contribution of many. Hence, every individual right has to give way to the right of the public at large. No fundamental right under Part III of the Constitution is absolute and it is to be within permissible reasonable restriction.
39. A Division Bench of Delhi High Court had taken suo motu action in public interest and by a judgment and order dated 26.3.2007, passed in Writ Petition No. 16565 of 2006, had issued various guidelines and constituted committees to streamline the vehicular traffic. The Delhi High Court had directed to remove unauthorized encroachments under the occupation of shopkeepers, raidees, water trolleys, house owners, builders and any other objects which obstruct the traffic. The Court further commanded that no part of main roads should be used for parking of vehicles, rickshaws, scooters etc. The court directed that in congested areas, no vehicle shall be parked on the metalled roads and parking slots may be created at reasonable distance from the place where the density of population and visitors are higher. The Court had further directed that the advertising and hazardous boards should be removed in the light of the Apex Court's judgment in M.C. Mehta's case (supra).
40. The Delhi High Court further directed to remove all hoarding and boards installed on roadside causing disturbance to the safe traffic movement. The Court has also directed that all signboards, hoardings, neon sign boards, advertisement board, facing the highways, main road and the side roads/lanes should be removed immediately. The Court had taken notice of the fact that the vehicles which are repeatedly involved in traffic offences by using pressure horn, black films, red light and other impermissible material on the cards, the authorities are expected to take action under Section 207 of the Motor Vehicles Act. It was noticed by the Court that because of meagre penalty, traffic rules are violated. Hence, the Division Bench had directed that apart from fine under the Motor Vehicles Act, authorities and the competent courts shall impose cost to the tune of Rs. 500 for each offence in addition to compounding fee payable in terms of Section 207 of the Motor Vehicles Act or any other enabling provision of law to that effect.
41. Smoking and plying of vehicles without drivers and use of mobile phone etc. were prohibited. The Delhi High Court has further directed that working of drivers be regulated and proper bus-stand and parking places should be established and no person should be permitted to occupy any place adjacent to the bus-stand and tempo-stand for keeping the water trolleys and other raidees. The Delhi High Court has proceeded to constitute a Committee to meetout the requirement. Some of the directions of Delhi High Court may be enforced in U.P. with appropriate change to meetout the requirement.
42. Keeping in view the facts and circumstances and statement made by Additional Director General of Police (Traffic), relating to continuous encroachment over roadsides, frequent violation of vehicular laws and acute shortage of parking slots, particularly in 'A' Class cities subject to further legislation, we issue the following directions for compliance by the respondents:
I. The State or local bodies like Nagar Nigam, Nagarpalika and developmental authorities shall not sanction any map or plan for construction of multi-storeyed buildings, shopping complexes, malls and colonies unless such plan and map specify sufficient space for the parking of the vehicles. All houses constructed by any person, colonisers, State Authorities, local bodies shall compulsorily provide space in the form of garage or otherwise for the parking of vehicles. The development authorities, local bodies or private colonizers may provide central parking slot for their colonies to meet out the requirement.
II. Keeping in view the fact that the punishment provided under the Motor Vehicles Act is too meagre, hence, till the statutory provision is amended appropriately to provide severe punishment, it is provided that wherever any driver of any four or three wheelers or heavy vehicle is challaned by the traffic police or any other competent authority, he or she shall be liable to pay costs of Rs. 500 for each offence committed by him in addition to the composition fee payable in terms of Section 200 of the Motor Vehicles Act or any other enabling provision of law to that effect. In the case of two wheelers, the cost so payable shall be Rs. 200. Wherever, the challan is tried by the court of competent jurisdiction, it shall consider the question of imposing costs depending on the facts of each case and would exercise such discretion in accordance with settled principles of law. For example, for committing the offence of jumping the red light, use of dark film on window screen, unauthorised red or blue light, hooter or parking at prohibited zone etc., the offender shall pay compounding fee equivalent to the fine under the Section, i.e. Rs. 100 and Rs. 500 or Rs. 200, as the case may be, totalling to Rs. 600, Rs. 300 respectively. Let the cost be imposed with effect from 1.10.2007. The enhanced cost be enforced from 1.10.2007.
III. Roadside encroachments must be cleared forthwith. Encroachment removal drive may be initiated in phases and shall continue at regular interval, viz. firstly, the roads, adjacent to railway station, bus stand, and other congested areas like markets etc. should be cleared by removing roadside encroachments and projections and thereafter the main roads, lanes and streets should be cleared. Roadside encroachment and projections should also be removed from all the colonies-whether a private or Government, in case their roads, lanes or streets have been constructed by Nagar Nigam, Lok Nirman Vibhag, developmental authorities or any other Government organisation from public fund and street lights and other civic amenities are provided by States or local bodies. Local bodies like Nagar Nigam and Nagarpalika shall make survey pf each and every colony for the purpose of removal of roadside encroachment and shall prepare list of such colonies. Necessary material shall be collected to find out width of road from the original plan of all the colonies to know the extent of roadside encroachment. Due publication should be made in the newspaper and encroachment shall be removed from every such colonies where roads have been constructed from public funds and street lights and other civic amenities have been provided.
IV. The State shall ensure that in congested areas of every city and town, one way traffic system should be introduced and mandatory signboards provided by Schedule-I of the Motor Vehicles Act should be installed at conspicious place. Such places shall be marked and find out by the authorities concerned forthwith.
V. Local bodies like Nagar Nigam, Municipalities and Developmental authorities are directed to take necessary measures for construction of roadside nalis or drainage system for waste or rainy water flow to avoid water logging on roads which damage the roads making it accident prone. The encroachment or projections should be removed from the entire road and roadsides including drainage system keeping in view the original plan of cities' colonies or town area as the case may be.
VI. The State Government shall ensure to provide sufficient manpower and funds. The local authorities are directed to take necessary steps at their own level to generate own funds in accordance with law. So far as the traffic department is concerned, the State Government should take appropriate decision to finalise the Draft Rules (supra) relating to the transfer of funds to it. Till the Draft Rules are notified after finalisation, it shall be appropriate that the Government may issue appropriate orders or circular for transfer of funds as far as possible keeping in view the Draft Rules referred in the present judgment so that the traffic department of the State of U.P. may be equipped with necessary instruments or gadgets and man powers to meet out the requirement. The traffic department shall prepare a scheme or plan for installation of "signal light", mandatory signboard and to introduce one way traffic system for every city and town area of State of U.P., in consultation with authorities concerned.
VII. The Regional Transport Officer or Additional Regional Transport Officer shall prepare a scheme for respective districts of the State of U.P. to provide parking slots, halting places for buses, taxies and other facilities in consultation with local bodies like Nagar Nigam, Nagarpalika and other authorities expeditiously and preferably within a period of two months and the competent authorities shall take appropriate steps to endorce the same.
VIII. In every city, where congestion takes place adjacent to railway station, joint meeting of the officers of railways and State authorities shall be held forthwith to sort out the problems relating to traffic congestion at railway stations. The Ministry of Railways and its authorities shall extend necessary assistance to sort out ways and means to remove the traffic congestion adjacent to railway station.
XIX. The authorities shall further ensure that no vehicle is parked on metalled road outside the malls, multi-storeyed buildings, shopping complexes etc. creating traffic problem. Mandatory signboards should be installed to declare such places as 'prohibited zone'. At other appropriate places also, mandatory signboard should be installed keeping in view Schedule I of Motor Vehicles Act and appropriate number of police force be deployed.
X. Let smart card be issued to the drivers expeditiously and until issuance of smart cards to all the drivers by the Licensing/Registration Authorities and proper maintenance of the complete record, all the licences issue by the authorities anywhere in India and where the offences are committed in the territorial jurisdiction of this High Court, the licence shall be punched for commission of each traffic offence. On commission of the 5th traffic offence, the licence of the driver shall not only be punched but also would be retained for taking out cancellation proceedings in accordance with law.
XI. All the drivers whether employed by the Transport Department or driving the buses on the basis of permits issued by the S.T.A., shall wear a uniform without fail. The uniform shall also carry the name plate alongwith the number allotted to him by the respective authorities. Unless the colour has been specified by the concerned authorities or may be specified, uniform of grey and khaki colour should be worn by the drivers and conductors of all the buses. This will equally apply to the drivers of all the Government vehicles.
XII. All buses, taxies and tempos to whom the licence has been granted to run in urban area must be fitted with speed regulator/governor to check the rash and negligent driving. They should also be equipped with first aid boxes and fire extinguisher.
The Regional Transport Officer/Additional Road Transport Officer shall not clear any bus or taxi which do not possess first aid kit, fire extinguisher and speed regulator/governor. For other vehicles also, the State Government may take decision after seeking opinion from experts.
XIII. The Government of U.P. and its departments, corporation or any other organisation/companies which are owned by the State or Transport Corporation shall not pay fine for any traffic offences committed by their drivers. Payment of such fines, composition fee or any other charges payable in this regard shall be paid exclusively by the concerned driver.
XIV. The concerned authorities shall ensure that in Uttar Pradesh, all local buses shall be low floor buses and only such vehicles will be registered by the authorities. This condition shall be duly incorporated in the permits issued by the S.T.A./concerned authority.
XV. The S.T.A. shall "ensure that the buses running under its permit do not have any person other than a conductor and a driver in a bus and this shall also be a condition of the permit. It shall also ensure that no person including the conductor shall be on the stairs of a bus or hand outside the door of a bus. The authories shall also ensure that overloaded buses are not permitted to ply on the roads of Uttar Pradesh. Further it shall ensure that the private bus operators shall not employ/ depute young boys or any other person, who, as commonly/noticed beat the sides of the buses with their hands and keep on whistling, which generates annoying loud noise and distract other drivers. The traffic police and the S.T.A. staff shall take appropriate action against the defaulting bus operators/persons in accordance with law. Default in adherence to this condition shall also be treated as violation of provisions of Section 179 of the Act.
XVI. The S.T.A. shall ensure that the private bus operators should carry the photograph of the person to whom the licence has been granted.
XVII. The authorities are expected to take recourse to provisions of Section 207 of the Act and impound or seize such offending articles/vehicles, which are using pressure horns, black films, red/blue or any other light and other impermissible materials on the cars/vehieles, keeping in view the Division Bench's judgment passed in Writ Petition No. 3648 (M/B) of 2006 Sudarsh Awasthi v. State of U.P. and Ors.
XVIII. There should be proper deployment of force by the concerned authorities to ensure effective enforcement of the various directions contained in this judgment. Depending upon the nature of the offences to which a particular area is more prone, concerted and collective effort should be made by the enforcement agencies including the traffic police on zone basis. Appropriate measure be taken forthwith to prevent accident in the Hazratganj area of Lucknow and other accident prone places of the cities in the State of U.P. Let necessary exercise be done accordingly forthwith.
XIX. All the vehicles whether light/heavy/two wheelers etc. on the road will not have any other horn except an electric horn in accordance with the prescribed standards aforenoticed. In other words, no vehicle shall be fitted with and blow (sic) horn, musical horn or use any such other device producing shrill, loud or musical noise. Any offender irrespective of the fact as to who is the owner of the vehicle, shall be challened and fined in accordance with the law henceforth. The State Government shall issue a circular clearly stipulating therein that no vehicle would be registered or granted permit in the event it offends this direction and provisions of Rule 119 of the Rules. Whichever vehicle is challaned for violation of this direction, the enforcement agencies and/or traffic police would be entitled to disconnect and/or remove such horn/device, unauthorised or blue beacon light,' film, hooters etc. from the vehicle.
XX. No driver should be permitted to smoke or use mobile phone during the course of driving. The driver shall not drive a vehicle without seat belt. The persons driving two wheelers shall use helmet compulsorily in accordance to rules.
XIX. The State shall ensure that in every city, places should be earmarked for the bus and tempo-taxi stand. The drivers of buses and tempo-taxi should not be permitted to stop their vehicles at the place of their choice creating hindrance to traffic movement. The bus and tempo-taxi stand should be made disabled-friendly. No encroachment should be permitted adjacent to the place near tempo-taxi and bus stand for keeping a water trolley or other radies.
XX The State shall immediately remove the hazardous boards, neon signboards and other fixtures keeping in view the Supreme Court's judgment in M.C. Mehta's case (supra).
XXI. As observe in the order dated 14.6.2007, let one way traffic system be introduced at all thirteen places in the city of Lucknow by 15.8.2007. The authorities shall provide parking slots and take other steps including the installation of mandatory sign provided under Schedule I of Motor Vehicles Act to regulate vehicular traffic movement in the city of Lucknow expeditiously and preferably by 31.10.2007.
XXII. The State authorities are further directed to constitute a Committee consisting of members of the local bodies like Nagar Nigam or Nagar Palika, Transport Department, Traffic Department, Developmental Authority and Lok Nirman Vibhag and if necessary, a nominee of the District Magistrate in every district of the State to monitor the removal of roadside encroachment, hazardous boards, new neon light etc. and also find out the places to earmark parking slots, tempo and taxi, bus-stand and create prohibited parking zone, one way driving etc. keeping in view the necessity for smooth vehicular movement.
So far as State capital, Lucknow is concerned, let a Committee, headed by Mr. D.S. Bhatnagar, Former Director General of Police, Municipal Commissioner, Lucknow or his nominee, Secretary, Lucknow Development Authority, Superintendent of Police (Traffic) and Regional Transport Officer, Lucknow (R.T.O.) be constituted. Mr. Farid Ahmad, an advocate of this Court shall be member of the Committee and shall also be an amicus curiae to assist the Court and he shall be entitled for fee and expenses in accordance with rules. The Committee may hold its meeting minimum once in a month either in the premises of Lucknow Nagar Nigam or Lucknow Development Authority after mutual discussion. Lucknow Nagar Nigam or Lucknow Development Authority, as the case may be, shall provide necessary assistance to convene and regulate the meeting. In the absence of Sri D.S. Bhatnagar, Municipal Commissioner shall preside the meeting of the Committee.
XXIII. Let a State Level Enforcement - cum - Supervisory Committee be also constituted headed by the Principal Secretary or Secretary, Urban Planning and Development, Additional Director General of Police (Traffic). Transport Commissioner or Additional Transport Commissioner, Secretary or Special Secretary (Transport), Secretary or Special Secretary, Housing and consisting two other persons as its members, namely Shri D.S. Bhatnagar, former Director General of Police and Shri Farid Ahmad, an advocate of this Court. Mr. Farid Ahmad shall also be an amicus curiae to assist the Court and he shall be entitled for fee and expenses in accordance with rules. It shall be the option of the Chief Secretary, Government of U.P. to decide as to whether the Committee should be headed by the Principal Secretary or Secretary of the Urban Planning and Development Department.
The Chief Secretary may exercise option relating to induction of Principal Secretary or Secretary or Special Secretaries of the departments, Transport Commissioner or Additional Transport Commissioner, as members in terms of the order of the Court in the State Level Committee, The Committee shall meet at least once in a month and may issue appropriate direction to monitor the functioning of District Level Committee and other officers or authorities of various departments who are responsible to remove the roadside encroachment and take necessary step to implement the present judgment. The Committee shall send the progress report to this Court at the interval of every two month. The two non-official members of the Committee shall be provided all facilities to attend the meeting including necessary conveyance. It shall be open to the State Level Enforcement-cum-Supervisory Committee to inspect the progress and to sort out the problems in the districts of the State of U.P. It shall be open to the State of U.P. or the Enforcement - cum - Supervisory Committee to approach this Court for further necessary orders.
The Committees shall function till further orders of this Court.
The Chief Secretary, Government of U.P. shall issue appropriate order, circular keeping in view aforementioned direction forthwith and direction of the Court be published in prominent newspapers forthwith. The Registrar General of the High Court shall also issue appropriate circular containing the operative portion of the present judgment to all the District Judges who in turn shall communicate to the Judges and judicial officers concerned dealing with cases under Motor Vehicles Act.
Let a compliance report be submitted to the Court by the next date of listing. List on 4.10.2007.
The writ petition is allowed accordingly. No order as to costs.
Let a certified copy of this judgment and order be provided to the parties' counsel as per rules within two days.