Jammu & Kashmir High Court - Srinagar Bench
Kashmir Consumer Welfare Forum & Anr. vs Commissioner Transport And Others. on 12 September, 2018
Bench: Chief Justice, Dhiraj Singh Thakur
Serial no.1
Suppl. List
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
OWP No.458/2003
Date of order: 12.09.2018
Kashmir Consumer Welfare Forum v. Commissioner Transport & others.
Coram:
HON'BLE THE CHIEF JUSTICE.
HON'BLE MR JUSTICE DHIRAJ SINGH THAKUR, JUDGE.
Appearance:
For the appellant(s) : Mr Ateeb Kanth, Amicus Curiae.
Mr A. M. Dar, Advocate.
For the respondent(s) : Mr B. A. Dar, Sr AAG.
Mr T. M. Shamsi, ASGI.
Mr Anil Bhan, Advocate.
Mr Moomin Khan, Advocate.
Mr Hakim Aman Ali, Advocate.
Mr Anil Malhotra, Traffic Advisor.
i) Whether approved for reporting in Yes/No
Law journals etc.:
ii) Whether approved for publication
in press: Yes/No
1. We are informed by Mr Ateeb Kanth, learned Amicus Curiae, that all issues relating to the traffic problem were taken up in the review meeting held on 18th April, 2018, which was convened by the Divisional Commissioner, Kashmir, copy whereof it taken on record. We take up the 11 issues pointed out in the review meeting in seriatim hereunder:
(i) NOC in favour of Indian Oil Corporation:
This issue is pending since 2006 and the matter for according requisite permission to Indian Oil Corporation is pending for last so many OWP No.458/2003 Page 1 of 9 years. The order dated 1st of March, 2018, refers to a communication dated 28.11.2017, whereby the Indian Oil Corporation has been informed that NOC cannot be issued. It needs to be borne in mind that concerns of environment must be addressed on priority. The order dated 27 th October, 2005 (in para-8) directs all the authorities to take immediate steps for setting up of CNG stations in Srinagar and Jammu cities. It cannot be denied that CNG or LPG are better fuels and they have less polluting effects than other fossil-based fuels as petrol and diesel. This aspect was required to be addressed immediately but the same has not been done.
Let the counsels for the parties examine the Supreme Court pronouncements whereby directions were made to convert all commercial vehicles to CNG mode.
Let the Deputy Commissioner, Srinagar, who has issued the letter dated 28.11.2017 remain present in court on the next date of hearing.
(ii) Encroachment on pavements:
The Commissioner, Srinagar Municipal Corporation, shall file an action taken report with regard to the encroachment of pavements in terms of the minutes of the review meeting held on 18 th April, 2018, before the next date of hearing.
(iii) Taxi stands/ Mini bus Stands/ Auto Stands:
Despite orders passed by this court long back on 24th October, 2005, the respondents have not even identified the location of Taxi Stands, Mini Bus Stands and Auto Stands. In view thereof, we direct that a meeting of the Vice Chairman, Srinagar Development Authority, the Commissioner, OWP No.458/2003 Page 2 of 9 Srinagar Municipal Corporation, the Transport Commissioner and Mr Anuj Malhotra, Traffic Advisor, be convened within a week's time from today for proper identification of the Taxi stands/ Mini Bus Stands/ Auto Stands. The same shall be marked on a plan of the Srinagar City and displayed on the website of the RTO for information to the general public and action taken report in this regard shall be filed by the Transport Commissioner before the next date of hearing.
(iv) Road Side Parking:
The solution to this problem overlaps with the consideration of issue at serial no.2. The SSP, Traffic Srinagar, shall coordinate with the SMC authorities and place a repoprt on this aspect of the matter before this Court before the next date of hearing.
We are informed by Mr Anuj Malhotra, Traffic Advisor, that in consultation with the SMC and Traffic Police, the parking sites have been identified. However, the persons who have been allotted these parking cites don't have the required training and therefore they are unable to enforce any discipline in parking. A suggestion is mooted by Mr Malhotra that an IT based traffic management system needs to be examined and implemented.
Let this aspect of the matter be also examined by the SMC in consultation with Mr Anuj Malhotra, and a report shall be placed by the Commissioner, SMC, before us before the next date of hearing.
At this stage, Mr Moomin Khan, learned counsel for the SMC, informs us that as on date 47 parking sites have been identified and out of them nine sites are operational. Further, it is submitted that out of the said OWP No.458/2003 Page 3 of 9 nine operational sites, two sites are operated by the SMC itself and the remaining seven sites stand auctioned and are being run by the private operators.
(v) Ship Road/ Cross Road:
We are informed by Mr Anuj Malhotra, the Traffic Advisor, that in consultation with the PWD authorities, the problems with regard to traffic congestion on silp roads/ cross roads have been identified and the improvements have to be carried out by the PWD authorities. Further, it is submitted by him that the PWD authorities have been made aware of the problems in this regard and advised with regard to solution thereof.
Let the action taken report in this regard shall be filed by the Chief Enginer, PWD, Kashmir, before the next date of hearing.
(vi) Panthachowk Bus Stand:
As per the minutes of the review meeting dated 18th April, 2018, the issues relating to the Panthachowk Bus Stand have not been addressed at all.
It appears that the presence of vendors is causing difficulty to free flow of the vehicular movement as well as the foot movement of the pedestrians.
The Commissioner SMC, shall examine the matter and explore the possibility of providing vending locations to the vendors. In case the locations stand identified for vending purpose, the Commissioner, SMC, shall ensure that vending is confined to such identified zones and an action taken report in this regard shall be filed by him before the next date of hearing.OWP No.458/2003 Page 4 of 9
The SSP, Traffic, Srinagar, shall also place an action taken report before this court ensuring that the encroachments are removed from the outer wall of the Panthachowk Bus Stand and he shall also ensure that no vehicle is allowed to be parked outside the Bus Stand.
Mr Anuj Malhotra, Traffic Advisor, shall also examine the status of the Panthachowk Bus Stand and submit a report before us before the next date of hearing.
(vii) Parimpora Bus Stand:
A grievance is made that there is no facility at the Parimpora Bus Stand and vendors have encroached upon the road. The minutes of the review meeting dated 18th April, 2018, refers the submission on behalf of the SMC that mega plan for construction of various kinds of infrastructure have already been initiated by the SMC.
Let these suggestions be also placed before Mr Anuj Malhotra, who shall submit a report regarding Parimpora Bus Stands on the next date of hearing.
(viii) Overloading:
The SSP, Traffic, Srinagar, shall intensify the routine and random drive against the violators. The same shall be frequently repeated till habbit to abide by the legal requirement is fully developed in the citizens.
(ix) Management of Traffic Lights:
The minutes of the review meeting dated 18th April, 2018, refers the statement of the Joint Commissioner, SMC, that "all traffic lights will be OWP No.458/2003 Page 5 of 9 installed at the designated places by the end of April, 2018". This has not happened. Let an action taken resport in this regard shall be filed by the Commissioner, SMC, before the next date of hearing.
(x) Noise Pollution:-
The habbit of honking of horns unnecessarily is stated to be still in vogue. The IGP, Kashmir/ SSP, Traffic, Srinagar, shall ensure that strict action is taken against the violators. Furthermore, vehicles carrying building material should be properly covered with canopy to avoid air pollution as the circular has already been issued by the office of the Divisional Commissioner, Kashmir, in this behalf.
2. Mr Ateeb Kanth, learned Amicus, has drawn our attention to an order dated 06.06.2011 (page 201 of the compilation) pointing out that the Government has issued an order dated 20th March, 2007. Respondents have failed to file a report informing this court regarding implementation of this office order.
Let the office order be brought on record and an action taken report in terms thereof be filed by the respondents before the next date of hearing.
3. With regard to the traffic issues relating to the area from Jahangir Chowk to Batamaloo, Mr Anuj Malhotra, Traffic Advisor, placed two reports one dated 2nd February, 2018 and other dated 6th March, 2018 before us.
Let the suggestions made in these two reports be consolidated into one document and filed before this court before the next date of hearing.
4. Let Mr Anuj Malhotra, shall also prepare a powerpoint presentation of the observations made by him regarding the ensuing situation of the traffic in Srinagar City, on the next date of hearing.
OWP No.458/2003 Page 6 of 95. We are informed that the issue with regard to continuation of tenure posting of Mr Anuj Malhotra, Traffice Advisor, is pending with the Government. Let the matter be looked into by Mr D. C. Raina, learned Advocate General, and a view taken expeditiously on the same.
6. List on 12th October, 2018.
MP No.95/2017:
1. This application has been filed by the All traders Joint Coordination Committee, Batamaloo, submitting that the applicant committee is an amulgum of more than 26 Traders Association and that the members of the applicant committee are deeply affected by the orders passed by this Court as also by the administrative orders passed by the respondents regarding the situation of the traffic in the City of Srinagar. Several problems arisen because of orders regarding shifting of transport companies and parking of vehicles have been pointed out in the application.
2. Pursuat to orders passed by this Court on 4th September, 2018, the Traders' Association was given liberty to meet Mr Anuj Malhotra, Traffic Advisor.
Consequent thereto, a meeting is stated to have been held on 4 th September, 2018 in the office of Mr Anuj Malhotra.
3. The Traffic Advisor has submitted his recommendations before us by way of a report dated 7th September, 2018 suggestsing temporary measures as pilot project for a period of six months. The recommendations of the Traffic Advisor extracted below shall be implemented forthwith for the time for a period of six months:
OWP No.458/2003 Page 7 of 9"i. There is space available for having temporary parking of Sumos. The same should be identified by SDA.
ii. The nature of relief is temporary ad therefore, this may be tried out as "Pilot" for a period of 6 months.
iii. The list of registration number with driver details of the identified Sumos for this purpose, shall be provided to the IG Traffic, J&K. iv. The All Traders & Transport Joint Coordination Committee (ATTJCC) shall have to provide an undertaking that no other Sumo shall be allowed to ply for this Trial purpose other than those which are identified.
v. The ATTJCC shall assist the Traffic Police in managing the Trial period and that it functions smoothly without any violations.
vi. Only the identified Sumos shall be allowed to enter the temporary Parking area.
vii. The Sumos shall not make any stops within the city limits, except the temporary parking at Batamaloo.
viii. The list of stops with number of Sumos plying on the route shall be submitted to Traffic Advisor and IG Traffic J&K for consideratioin and approval.
ix. Sumos shall have clearly written tags/ stickers on top and side to identify the Sumos clearly.
x. Any Sumo found in violation of any of the above conditions shall be reported and seized by the Traffic Police."
4. All the authorities including the Applicant Committee shall ensure that these recommendations are strictly abided by.
OWP No.458/2003 Page 8 of 95. A report regarding the working of the above recommendations shall be placed before us by the IG, Traffic within six weeks from today.
6. In view of the above, nothing survives for adjudication in this application which is disposed of in above terms.
7. List for consideration of the report in terms of para no.5 above, on 22 nd October, 2018.
(DHIRAJ SINGH THAKUR) (GITA MITTAL)
JUDGE CHIEF JUSTICE
Srinagar
12.09.2018
Abdul Qayoom, PS
OWP No.458/2003 Page 9 of 9