Gauhati High Court
Rita Das Mozumdar vs The State Of Assam And 16 Ors on 24 September, 2020
Author: K.R. Surana
Bench: Kalyan Rai Surana
Page No.# 1/10
GAHC010122172016
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : PIL 72/2016
1:RITA DAS MOZUMDAR
P.N.G.B. ROAD, MALIGAON CHARIALI, GHY-11, KAMRUP METRO, ASSAM
VERSUS
1:THE STATE OF ASSAM and 16 ORS.
REP. BY CHIEF SECY., GOVT. OF ASSAM, DISPUR, GHY-6, ASSAM
2:THE DY. COMMISSIONER
KAMRUP METRO
PANBAZAR
KAMRUP METRO
GHY-1
ASSAM
3:THE EXECUTIVE OFFICER
GMDA
BHANGAGARH
GHY-5
KAMRUP METRO
ASSAM
4:THE COMMISSIONER
GMC
PANBAZAR
KAMRUP METRO
GUWAHATI
ASSAM
PIN-781001
5:THE DISTRICT TRANSPORT OFFICER
KAMRUP METRO
BETKUCHI
Page No.# 2/10
N.H. - 37
KAMRUP METRO
GUWAHATI
ASSAM
PIN-781034
6:THE SUPERINTENDENT OF POLICE TRAFFIC- KAMRUP METRO
PANBAZAR
KAMRUP METRO
GHY-1
ASSAM
7:GAUHATI DEVELOPMENT DEPTT.
REP. BY COMM. and SECY.
GOVT. OF ASSAM
DISPUR
GHY.-6
ASSAM.
8:TRANSPORT DEPTARTMENT
REP. BY COMM. and SECY.
GOVT. OF ASSAM
DISPUR
GUWAHATI-6
ASSAM.
9:GUWAHATI TRANSPORT ASSOCIATION GTA
BAMINIMAIDAM
GUWAHATI-781003
KAMRUP METRO
ASSAM.
10:GREATER GUWAHATI TRANSPORT ASSOCIATION GGTA
ULUBARI
GUWAHATI-7
KAMRUP METRO
ASSAM.
11:GREATER GUWAHATI MINI BUS OWNER'S ASSOCIATION GGMBOA
GANESHGURI
GUWAHATI-5
KAMRUP METRO
ASSAM.
12:GREATER GUWAHATI DELUXE EXPRESS CITY BUS ASSOCIATION
BASISTHA ROAD
WIRELESS
RINKUMONI BHAWAN
Page No.# 3/10
DISPUR
GUWAHATI-781006.
13:GREATER GUWAHATI UNITED MOTOR TRANSPORT ASSOCIATION
ULUBARI
GUWAHATI-781007.
14:ADABARI SHARE TAXI OWNER ASSOCIATION
ULUBARI
GUWAHATI-7.
15:ALL GUWAHATI UNITED SHARE TAXI ASSOCIATION
PALTAN BAZAR
GUWAHATI-781008.
16:GREATER GUWAHATI SHARE TAXI OWNERS' ASSOCIATION
BASISTHA CHARIALI
GUWAHATI-29.
17:BHARALUMUKH GORCHUK SHARE TAXI ASSOCIATION
FATASIL AMBARI
GUWAHATI-781025.
18:THE MANAGING DIRECTOR
ASSAM STATE TRANSPORT CORPORATION (ASTC)
PALTAN BAZAR
GUWAHATI-781008
DISTRICT - KAMRUP (M) ASSAM.
19:THE MANAGING DIRECTOR
GUWAHATI SMART CITY LIMITED
4TH FLOOR
ADITYA TOWER
OPP- DOWN TOWN HOSPITAL
DISPUR
GUWAHATI-781006
KAMRUP (M) ASSAM.
20:THE STATE OF ASSAM
PUBLIC WORKS DEPARTMENT (ROADS)
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
DISPUR
GUWAHATI-781006.
21:THE STATE OF ASSAMM
REVENUE AND DISASTER MANAGEMENT DEPARTMENT
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
Page No.# 4/10
GOVERNMENT OF ASSAM
DISPUR
GUWAHATI-781006
Advocate for the Petitioner : MS.R D MOZUMDAR
Advocate for the Respondent : MRA BARMANR-9
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 24-09-2020 (K.R. Surana, J) Heard Ms. R.D. Mozumder, learned counsel for the petitioner as well as Mr. D. Mozumder, learned Amicus Curiae and Mr. D. Saikia, learned Senior Advocate along with Mr. S. Bora, appearing for the respondents no.1, 2, 6, 20 and 21. Also heard Mr. B. Goswami, learned counsel for the respondents no.4 and 7 and Ms. M.D. Borah, learned Standing counsel, Transport department appearing for the respondents no.5 and 8 and Mr. S.P. Das, learned counsel for the respondent no.19 and Ms. M. Bhattacharjee, learned counsel for the GMC and GMD.
2. The Court proceeding has been conducted through Video conferencing. We record the presence of Mr. N. Gogoi, IPS, Court Commissioner.
3. By referring to the order dated 11.09.2020, the Court Commissioner has submitted that he has interacted with the concerned competent authorities and they have been able to identify 2(two) areas between Sukreswar Temple and Bharaumukh point wherein city bus lay bays can be constructed and therefore, steps has to be initiated to move the Deputy Commissioner, Kamrup (M) and the Revenue Department of the State for acquiring appropriate land for the construction of bus lay bays.
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4. Under such circumstances, it is deemed appropriate to direct the Deputy Commissioner, Kamrup (M), Guwahati (respondent no.2), to apprise the Court of the steps which he intends to take for the purpose of construction of city bus lay bays within the said stretch. A copy of the order may be provided to Mr. S. Bora, learned counsel for the respondent no.2.
5. Pursuant to the order dated 11.09.2020, Mr. D. Mozumder, learned Senior counsel and Amicus Curiae has formulated the broad points or issues on which this PIL shall proceed for the time being. He further submits that if required, the issues may be suitable moulded in future. The issues identified are based on the various order passed by this Court from time to time. The points are as under:
(A) Traffic Congestion & its management:-
1. Scientific study of traffic on major roads;
2. Identification of roadside and other parking spaces.
3. Streamlining of city buses & Acton plan for allotment of routes and its enforcement/ regulation.
4. Installation of CCTV camera at appropriate places.
5. Creation of Facebook & WhatsApp A/c slot on FM Radio station for broadcasting traffic congestion.
6. Deputation of office by Transport department to monitor buses.
(B) Infrastructure Development:
1. Construction of city Bus lay bays at bus stops;
2. Identification of areas fire brigades cannot reach;
3. Shifting of wholesale markets away from city;
4. Free the roads from encroachment by traders, wholesalers, hawker, shopkeeper;
5. Shifting of bus lay bays away from tri-junctions;
6. Street vending permission only as per section 2(1)(n) of Act, 2014.
(C) Regulation of city Buses:-
1. Display plate on buses indicating route/ road permit;
2. Installation GPS system inside the buses;
3. Doors on entry & exit point of the buses;
4. Training to bus drivers & conductors;
5. Regulating stoppage time at bus stops;
6. Picking up/ embarking and disembarking of passengers only at bus stops.
(D) Smart City Project Status:
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1. Bidding for hiring of Service Providers;
2. Installation of Automated Traffic Signalling and Management System at major crossings etc.
6. The proposed decision have been deliberated by the Court and none of the parties have any objection to take up these issues, which is in the best interest of improving the city.
7. We put on record our appreciation of the assistance rendered by Mr. N. Gogoi, IPS, DIGP (MPC) and the Court Commissioner who has handed over his observations in a sealed envelope pursuant to the order dated 11.09.2020. His observations have been perused and those observations/ suggestions are as under:-.
1. Revenue Department of the Govt of Assam and Guwahati Municipal Corporation should co-ordinate for shifting of the wholesale market from the present location at Fancy bazaar to outside the city. The Revenue Department may kindly be directed to earmark suitable land for the wholesale market at Jalukbari within a timeline.
2. Guwahati Municipal Corporation should at the earliest co-ordinate with the Transport Department for identifying bus stoppages and notifying about the same on all city bus plying roads in Guwahati city.
3. Blanket ban should be imposed on parking of vehicles on either side of the M.G. road from Sukleshwar Temple to Bharalumukh which causes hindrance in movement of the regular traffic.
4. Transport Department should at the earliest monitor the movement of city buses as per allotted routes. The department may be asked to report on the implementation to the court in every fortnight.
5. Guwahati Smart City Project Limited must appraise the court a timeline for completion of the tender process and implementation of the Master System Integrator (MSI) Project comprising of City Surveillance System, Smart Pole and Smart Parking in all major traffic junctions of the city.
6. Fruit vendors should be removed from Jalukbari Rotary and the area be declared as no vending zone. Guwahati Municipal Corporation may kindly be directed accordingly.
7. There has been reports that some interested parties are trying to ply trucks from New Guwahati BG yard through VIP road to National Highway 37 and so on. This will cause huge traffic congestion, accidents threatening the lives of citizen, school going children and damage to private and public property. Guwahati traffic police may be ordered not to allow the plying of trucks between 6 A.M. to 10 P.M. within the city Page No.# 7/10 area.
8. PWD roads may be directed to maintain timeline about the construction and completion of the lay bays at Fancy bazaar Mahavir Udyan and Bharalumukh Srimanta Sankardev Udyan on the M.G. road.
9. Construction of bus bays at Jalukbari junction-traffic congestion occur at Jalukbari flyover junction because of gathering of passengers waiting for commercial vehicles for South Kamrup, Goalpara, Baihata Chariali, Rangia, Basistha, Beltola, 9 th Mile, Sonapur areas. 2(two) bus bays may be constructed by concerned department.
(i) One on NH 37 on Gauhati University byepass.
(ii) One on NH 37 for passengers waiting for vehicles plying from Jalukbari to Khanapara, Sonapur side.
10. One bus bay is required at Khanapara near the Rotary on the Northern side of the flyover for passengers waiting for commercial vehicles towards upper Assam. PWD Roads may kindly be directed to take initiative.
11. ASTC bus station at Machkhowa from where ASTC undertaking buses ply cause traffic congestion in Machkhowa, Bharalumukh area. The bus station may be removed and shifted to a suitable location in the outskirt of the city.
8. The joint status report of the respondents no.5 and 8 has been filed on 22.09.2020 and a separate status report has also been filed by the respondent no.19. The original affidavit has not yet been tagged with record. However, we have perused a copy thereof, as produced by the learned counsel. On a perusal of the para-1 of the status report submitted by the Commissioner of Transport, it appears that the route permits are issued by Regional Transport Authority, where concerned Deputy Commissioner of the District is the Chairperson and the District Transport Officer is the Member Secretary and the city bus routes are fixed by the Regional Transport Authority. Under such circumstances, on a pointed query by the Court it has been submitted at the Bar that the Commissioner of Transport Assam has no say in such matters, which are within the jurisdiction of the Regional Transport Authority. It is further mentioned in the status report that 533 numbers of newly computerised permit with specific route have been issued so far by the Secretary RTA, Kamrup Metro District. However, the said status report does not contain census on the city bus running on the specific area routes. It is seen from the para-3 of the status report that total 173 numbers of bus stops have been notified by RTA, Kamrup Metro which was forwarded to Managing Director, Guwahati Smart City Limited. It is hoped that the Regional Transport Authority, Kamrup (M) Page No.# 8/10 has shared the bus stop details with the Commissioner of Police, Guwahati so that the traffic police and the Transport officials are aware of the 173 numbers of bus stops so that the Transport officials and the Police administration can take action against buses which violate such notification.
9. We also hope and trust that the authorities have published the list of bus stops in their respective website, WhatsApp, Facebook account and if not already done, they would definitely take steps within next 2(two) weeks to put up such list in their respective websites so that the public is aware of such bus stops. The Court has been informed that every city buses plying in the Guwahati city are required to display 2(two) WhatsApp numbers in which public can register their complaints. From the status report, we have noticed that the authorities are taking action against two wheelers, who are using modified mufflers which is illegal. In this regard, this Court puts on record its satisfaction on the action taken by the Commissioner of Transport, Assam as well as the police personnel under the Commissioner of Police, Guwahati against two-wheeler/ motorcycles being run in contravention of the Motor Vehicles Act as well as of the Assam Motor Vehicle Rules.
10. On a perusal of the status report submitted by the respondent no.19 i.e. Guwahati Smart City Limited, it is seen that their tender for "System Integrator Design Engineering Supply Installation Erection Testing and Commissioning including O & M for a period of five years for city surveillance and Integrated Command and Control Centre in Guwahati" has been extended and the opening of the technical bid is now scheduled to be on 30.09.2020. We expect that in the light of the urgent requirement of installing such equipments, the respondent no.19 would take expeditious decision within the reasonable time of opening of the technical bids. A copy of the order may be provided to Mr. S.P. Das, learned counsel for the respondent no.19.
11. Mr. J. Roy, learned Standing counsel, ASTC submits that some members of the ASTC legal team are suffering from Covid-19 and, as such the status report could not be filed Page No.# 9/10 today. The ASTC is directed to file status report positively by next date fixed.
12. Ms. M. Bhattacharjee, learned counsel for GMC submits that respondent no.4 has filed a status report. However, the same is not on record. Accordingly, the Registry shall tag the status report filed by the Commissioner, GMC on record on the next date of listing.
13. We also direct that all the other respondents who have not yet filed their status report, shall file their status report positively within 2(two) days prior to the next date of listing with a copy of the same to all the learned counsel appearing for the respective parties so that all can be well prepared to assist the Court on the next date. It is also directed that if any document or affidavit is filed in connection with this matter, it would be mandatorily shared with the learned counsel of all the parties on record.
14. A copy of the order may be provided to the petitioner-in-person as well as to the counsel on record for each of the parties.
15. We also reiterate that if any parties are not represented on the next date of listing, the Court would be compelled to impose a cost to the non-appearing party for delaying the process of the Court, which would be recoverable from the concerned official causing the delay.
16. List the matter on 15.10.2020.
JUDGE JUDGE
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Comparing Assistant