Gujarat High Court
Suo Motu vs Secretary, Home Dept., Govt. Of Gujarat ... on 22 February, 1999
Equivalent citations: AIR1999GUJ326, (1999)1GLR677, AIR 1999 GUJARAT 326
Author: J.R. Vora
Bench: J.R. Vora
JUDGMENT S.D. Dave, J.
1. These orders shall govern the disposal of the two petitions and the Civil Application captioned as above.
2. Both the petitions have been treated as Public Interest Litigations and have been heard and are being decided in the arena of Public Interest Litigation.
3. Special Civil Application No. 8061 of 1992 came to be filed by the petitioner Lok Adhikar Sangh. The petitioner has taken the leave for filing the petition as the Public Interest Litigation, raising the questions of the safety of the, passengers and the public against the increasing number of road accidents, and complaining against "the total failure of the Government to control and reduce the number of these accidents."
4. The petitioner Lok Adhikar Sangh have prayed for the following prayers at para-8 of the petition.
(A) appointing a high level commission to enquire into the causes of motor accidents and to submit a report to the Hon' ble High Court with its recommendations and suggestions;
(B) directing the respondents to take immediate steps and evolve an efficient machinery for preventing and controlling the number of accidents and for ensuring the strict observance of all traffic rules;
(C) directing the respondents to evolve and frame a scheme for just and full compensation to all victims of road accidents and for their proper rehabilitation and for recovering penalties from all transport companies whether public or private which are responsible for such accidents;
(D) making any other appropriate order.
5. Petition No. 9988 of 1995 has its origin in the orders issued by the Ld. single Judge of this Court upon the basis of the publication of certain material in a Gujarati daily 'Gujarat Samachar', in its issue of 21st November, 1995. The question posed therein was "Whether there is any Pollution Law for rickshaws using kerosene as the fuel?"
6. The Ld. single Judge was pleased to issue the notices returnable on 1st December, 1995. Later on as per the procedure and the rules the matter came to be posted before the Division Bench.
7. Both these petitions were ordered to be heard and decided together. Accordingly on several occasions these two petitions have been called out. Ld. counsels appearing for the parties have been heard. They were time and again requested to present their concrete proposals, suggestions and recommendations which would ultimately enable this Court to issue proper directions. In our opinion, Ld. advocates appearing for the parties have done this work. We appreciate very much the efforts on the part of the Ld. counsels for enlightening the Court on very many collateral issues connected with the main issues. It was felt on several occasions that the scope of these petitions were being widened. Any how, we have also permitted the same to be done when the matters have come up before us also.
8. After having heard the Ld. counsels for the parties, and after having perused various affidavits and having received the suggestions, recommendations and representations, it was decided to dispose of these two petitions by giving elaborate directions to all concerned.
9. In view of this, we prefer to dispose of these two petitions with the following orders, directives and recommendations :
PART -1 DIRECTIONS FOR THE POLICE AND THE LOCAL AUTHORITIES APPLICABLE FOR THE CITIES/TOWNSHIPS HAVING POPULATION OF MORE THAN ONE LAC (A) The Police and a duly authorised representative of the Local Authority concerned will inspect, examine and evaluate all the Cross Roads ' within the City/Township, Traffic Points, Traffic Junctures and Islands, Speed-brakers and Bumps, Silent Zone and Speed Limit Board'and shall do the needful to ensure the following :--
(1) Requisite speed limit in the City/Township is duly notified and is enforced and is obtained.
(2) Cross Roads Junctions are provided with the required traffic signals (Mechanical or Manual) Islands, Speed brakers/ Bumps, Barricades, both stationary and moveable, and Zebra Crossings.
(3) Zebra Crossings having Bumps/Speed Brakers on both the sides, so as to reduce the speed of the vehicles, before their actual reaching of Zebra Crossings.
(4) Boards showing that Schools, Hospitals etc. situated in the vicinity are displayed. Zebra Crossings and Speed-brakers are also provided so as to ensure that all the vehicles pass therefrom at a reduced speed.
(5) Parking of the vehicles and putting up of Cabins, Gallas and Laries near the School and Hospital Gates are not allowed.
(B) This should be done as early as possible but at any rate within a period of six months hereof.
PART - II DIRECTIONS FOR T-HENIOH AND THE SCHOOLS The NIOH shall examine five pupils each from school/schools situated near the main, road at Ahmedabad, Bhavnagar, Jamnagar, Rajkot, Surat and Vadodara, and shall prepare a Report, based upon the examination of the said thirty pupils, assessing the impact of the Traffic Pollution on their health. The necessary expenses in this regard shall be borne by the State. The Report shall be presented by the N I O H to Ministry of Health and Family Welfare within a period of three weeks hereof.
PART - III DIRECTIONS FOR THE GPCB AND N I OH Looking to the fact that because of the increased Vehicular Pollution, the concentration of Air Pollutants like (-) Co, (-) RPM and (-) NO2 is far more higher than the National Air Quality Standards (NAQS). Indicated number of Traffic Junctions in each of the following Cities/Townships shall be selected by the GPCB & NIOH, with the assistance of Police, and Air samples snail be collected from over the said Traffic junctions, during the peak hours continuously for four days (once only) and the reports thereof, shall be sent to the Secretary to the Government of Gujarat in Home Department, so that the menace of Traffic Pollution can be appreciated and adequate measures can be taken. This should be done within a period of three months hereof.
1) Ahmedabad 4
2) Bhavnagar 4
3) Bharuch 4
4) Himatnagar 2
5) Jamnagar 4
6) Kheda 2
7) Kadi 2
8) Mithapur 2
9) Nandesari 2
10) Rajkot 4
11) Surat 4
12) Vadodara 4
13) Vapi 2
14) Nadiad 2 PART-IV DIRECTIONS FOR THE HOME AND CIVIL SUPPLIES DEPARTMENT (A)
1) The Home Department with the active help of the department of Civil Supplies, shall ensure that no autorickshaw is being plied with a kerosene mixed fuel. This could be achieved by adopting a strategy under which the autorickshaws do not get kerosene for fuel mixing, and are checked often on the road, the guilty being prosecuted.
2) The Petrol pumps/Fuel outlets within the Cities/Townships and on the Highways should be subjected to sudden checks, and ihe samples taken therefrom should be got analysed and the defaulters should be prosecuted and/or should be dealt with according to law.
(B) This should be done as early as possible but at any rate within a period of two months and should be continued as an on-going process.
PART-V DIRECTIONS FOR THE N I O H. CIVIL HOSPITALS AND THE SCHOOLS (A)
1) NIOH shall list down the diseases likely to be caused or precipitated by Traffic Air Pollution and shall furnish such a list to the Health and Family Welfare Department, which shall be circulated to all the Civil Hospitals of the State, along with V. S. Hospital, L. G. Hospital and Smt. Shardaben Hospitals at Ahmedabad. The Hospitals, shall prepare, on the basis of their records, a chart showing the number of patients examined and/or treated by them during the calendar years 1996, 1997 and 1998. A composite chart prepared on the basis thereof shall be submitted by the Health and Family Welfare Department to the Ministry of Forests and Environment.
2) The list of the diseased to be prepared by the NIOH shall also be furnished to State Ministry of Education, who in their turn shall circulate the same to all the Primary Schools situated at Ahmedabad, Bhavnagar, Jamnagar, Surat, Rajkot and Vadodara, indicating therein the prime symptoms, so that the school teachers can bring the probable cases of such diseases, to the notice of their parents.
B) This should be done as early as possible and at any rate within a period of six months hereof.
PART-VI DIRECTIONS FOR MEDICAL CARE AND HOSPITALISATION (A)
1) On the receipt of information regarding a road accident either within or without the City/ Township limits, the police in general and the Traffic Police in particular, shall, without any delay, shift or cause to be shifted, all the injured to a nearby hospital, or Medical Health Centre for immediate medical treatment.
2) On the removal of any injured to the hospital, or Medical Health Centre, any doctor or surgeon in-charge of the Hospital or Medical Health Centre, or on duty thereat shall see to it that immediate medical treatment is made available to the injured without waiting for the performance of the legal formalities like informing the police or the registration of the crime.
(B) This should be brought to the notice of the police and Hospitals as early as possible.
PART - VII DIRECTIONS REGARDING PUC AND DRIVING LICENCE (1) PUC The Traffic Police shall see that all the vehicles required to have "Pollution Under Control" certificate do have it, renewed regularly on lapse of the prescribed time limit, and that the same is, on demand presented, by the Driver of the vehicle.
(2) Driving Licence The Traffic Police shall see that no person drives a motor vehicle without having a valid driving license to drive such a vehicle and presents the same on the spot on demand, by any police official, including the Traffic Police.
(3) This should be implemented as early as possible.
PART-VIII CONSTITUTION OF THE COMMITTEE (A) We request the Chief Secretary to the Government of the State to formulate within a period of six weeks hereof a Committee, the Constitution of which shall be as under :--
(1) The Chief Secretary to the Govt. of Gujarat (Chairman) (2) The Director General of Police (Member) (3) Secretary, Health and Family Welfare ( " ) (4) Member Secretary, GPCB ( " ) (5) Secretary, Municipalities ( " ) (6) Secretary, Finance ( " ) (7) Secretary, Legal ( " ) (8) R.T.O. ( " ) (9) Representative of NIOH ( " ) (10) Representative of one of the Insurance Companies.
( " ) It shall be open for the Chairman to co-opt three other Members of his choice on the Committee representing the required fields. The said Committee shall examine inter alia the following questions and submit the Report to the State Government within a period of six months from the date of the formation of the Committee.
(1) Overall measures to minimise Traffic Pollution.
(2) Overall measures to minimise Road Accidents within me Cities/Townships and on Highways.
(3) Suggesting general corrective measures on the Roads within City/Townships qua existing traffic junctions, signals, islands, barricades etc. along with such suggestions for future planning of better Roads/Highways.
(4) Suggesting of the putting up of the Flyovers at the most risky points on the Highways and on City/Township Roads.
(5) Suggesting putting up of escalators and/or Crossing Bridges in the Corporations, Cities to reduce Road crossing risk.
(6) Providing of immediate medical reliefs to the victims of the Road Accidents.
(7) Patrolling by police on Highways to check the speed, licence status and PUC of all the vehicles.
(8) Curbing the menace of "Driving by Drunk".
(9) Suggesting of the change in Road Pattern on Highways and in City/Townships in and around the "Accident Zones"
(10) Removal and management of sudden traffic jam on the Highways.
(11) Immediate towing away and removal of vehicles lying on the road sides or roads, because of accidents or mechanical breakdown or failure.
(12) Effective entry and exit passage of vehicles on narrow bridges and culverts on the Highways.
(13) Establishment of Mobile Medical Units for rescue, immediate treatment and transit of the injured.
(14) Implementing the existing Law-Rules and suggesting other and further Law-Rules for ensuring for front Lamp Lights on bicycles, and back lights and reflectors on the back of all automobiles and all man and cattle pulled/pushed vehicles.
(15) Compulsory provision of battery operated "Red Signal Lights" in all heavy vehicles, with an obligation to put them on, by the vehicles lying stationary on road sides or roads, because of the accident or mechanical breakdown or failure.
(16) Compulsory provision of providing re-liever driver in all heavy vehicles, including State Transport and Private Buses making night journey.
(17) Compulsory wearing of helmet both by the Driver and Pillion Riders on all types of two wheelers.
(18) Permitting and encouraging of multi-passenger Auto Rickshaws running on fixed routes in Corporations, Cities and big townships with fixed stage rate fares.
(19) Encouraging the citizens, especially the Students to utilise public vehicles and mass-transit methods instead oi" private vehicles especially two-wheelers.
(20) Providing for and implementing the rules for suspension and ultimate cancellation of the driving licence after accident/accidents.
(21) Examining the question of providing and using only unleaded petrol.
(22) Examining the question for providing the necessary equipment/appliance in the automobiles for the change in the use of unleaded petrol.
(23) Examining the question of ordering the discarding/condemning of the automobile vehicles after the use of 15 years.
(24) Suggesting of necessary amendments in existing Laws and Rules for achieving of the above-said requirements/guidelines.
(B) This Report shall be studied and actions thereon shall be taken by the State within a further period of Four Months. The Action Taken Report shall be presented by the Chief Secretary, to the High Court through its Registry which shall be placed on the record of the proceedings.
10. Civil Application No. 3688 of 1996 has been taken out in the petition which has been registered as Spl. C. A. No. 8061 of 1992. The prayer therein was to fix the Spl. C. A. No. 8061 of 1992 for final hearing and to direct the opponents to give the up-to-date data regarding accidents along with the reports of the Committees and the steps taken thereon. Now when the petition, namely Spl. C. A. No. 8061/92 is getting decided along with the other petition, this Civil Application in our opinion does not survive and require to be disposed of. We order accordingly. Notice in Spl. C. A. No. 9988 of 1995 and Civil Application No. 3688 of 1996 shall stand discharged. Same way rule in respect of Spl. C. A. No. 8061 of 1992 also stands discharged.