Jammu & Kashmir High Court - Srinagar Bench
Kashmir Consumer Welfare Forum vs Commissioner Transport And Ors on 5 October, 2017
Author: Alok Aradhe
Bench: Alok Aradhe
Serial No. 02
Regular List
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
OWP No. 458/2003
Date of order: 05.10.2017
Kashmir Consumer Welfare Forum & anr v. Commissioner Transport and ors
Coram:
Hon'ble Mr Justice Badar Durrez Ahmed, Chief Justice
Hon'ble Mr Justice Alok Aradhe, Judge.
Appearance:
For the Petitioner (s) : Mr J. H. Reshi, Advocate ( Amicus Curiae).
Mr Ateeb Kanth, Advocate ( Court Commissioner).
For the Respondent(s) : Mr Jahagir Iqbal Ganai, Advocate General, with
Mr. Irfan Andleeb, GA.
Mr B. A. Dar, Sr. AAG.
Mr Q. R. Shamas, Dy.AG.
Mr T. M. Shamsi, ASGI.
Mr Moomin Khan, Advocate.
i) Whether approved for reporting in Yes/No
Law journals etc.:
ii) Whether approved for publication
in press: Yes/No
01. We had directed Mr Ateeb Kanth, Advocate, to visit the two Bus Stands, that is, the erstwhile Bus Stand at Batamaloo and the new Bus Stand at Parimpora, and to submit his report. He has submitted his report, which was received on 03.10.2017.
As per the report submitted by Mr Kanth, it is evident that although the premises of the Bus Stand at Batamaloo is vacant, buses, mini buses and Taxi Cabs are running from outside the said premises near the main entrance and exit gates. This has resulted in aggravating the problem of traffic jams and is hampering the free flow of traffic. Some transporters have also kept buses inside the Bus Stand. We, therefore, direct the SSP, Traffic, Srinagar, who is present in Court, to clear OWP No. 458 of 2003 Page 1 of 7 the erstwhile Batamaloo Bus Stand of all the buses. The traffic Police, Srinagar Municipal Corporation, Srinagar Development Authority and the Regional Transport Officer, Kashmir, shall ensure that no buses/ Mini buses/ Taxi Cabs operate from Batamaloo.
From the report of Mr Kanth, it is also evident that the Bus Stand at Parimpora has ample space but bears a deserted look, as buses/ mini buses/ taxi cabs are not visible, except for a few buses of the J&K State Road Transport Corporation. As per the report, the space available at Parimpora and Batamaloo is more or less the same, but the provisions at Parimpora seem to be well planned and appear to be catering to more buses etc. than at Batamaloo. As per the report, the bus bays are well lit with proper dividers, including ticketing counters and public conveniences. There is no reason as to why there should be resistance to move from Batamaloo to Parimpora when the facilities are better and well organized. The whole idea behind shifting of the Bus Stand was to ease the traffic problem in the City and particularly in the Batamaloo and Mominabad area. All the authorities are directed to comply with the Court orders. We also direct the Inspector General of Police, Kashmir, to ensure that the authorities concerned are provided with proper police assistance for carrying out the directions.
02. The status report submitted on behalf of the Srinagar Municipal Corporation, pursuant to our order dated 12.09.2017 indicates that some action has been taken with regard to removal of encroachments on roads and pavements. Some photographs have also been submitted of the action taken in this regard. It is for the Municipal Corporation to continue vigil over these areas so that the places from where encroachments have been removed, should not be encroached upon once again. The Srinagar Municipal Corporation may now continue the drive in other areas including Pantha Chowk and submit its report with photographic evidence.
03. We had also directed that an up-dated status report be furnished by the Commissioner, Srinagar Municipal Corporation, with regard to the Intelligent Traffic Management System. In the status report, the Srinagar Municipal Corporation has, inter alia, indicated as under:-
OWP No. 458 of 2003 Page 2 of 7" In this regard it is submitted that the Delhi based agency i.e. DIMTS ( hereinafter referred to as the "Contractor"), has commenced the work for installation of the Intelligent Traffic Management System. It is submitted that the work for the installation of the Intelligent Traffic Management System has been bifurcated into Phase I and Phase II. The Phase I of the said work pertains to the installation of Traffic Light Systems at 9 new places, which is stipulated to be completed by the end of this year i.e. ending December, 2017. Phase II of the said work pertains to the upgradation of the existing 23 Traffic Light junctions, which is scheduled to start from the 1 st week of November, 2017 and is scheduled to be completed by ending January, 2018. It is submitted that the month of February, 2018 has been kept as a buffer time zone for completion of the two phases."
Apart from this, time lines have been given and a PERT chart has also been annexed. It is also indicated that there would be nine new traffic junctions for which the layout plans have been submitted by the concerned contractor. The nine new junctions are as under:-
I. Natipora 3 Way Crossing.
II. Shalteng Crossing.
III. Kaka Sarai Junction.
IV. Sakdafer Junction.
V. Karan Nagar Crossing.
VI. Tengp[ora Crossing.
VII. Khayam Chowk.
VIII. Hawal Crossing.
IX. Tatoo Ground Junction.
The updated status of the works be submitted before the next date of hearing.
04. On the previous occasion, we had also directed the Divisional Commissioner, Kashmir, to take necessary steps with regard to acquisition etc. prior to removal of the structures at Qamarwari Chowk, which were already identified by the R&B Department and confirmed by the SSP, Traffic, Srinagar. We are now informed by the learned Advocate General that the Divisional Commissioner has already issued OWP No. 458 of 2003 Page 3 of 7 instructions and steps are being taken for acquiring the said properties for the subsequent removal of the structures. Further progress would be indicated on the next date of hearing.
05. With regard to the noise levels and silent zones, it has been informed by the learned Advocate General that signage has been put up and some photographs have also been placed before us. However, these photographs do not indicate a satisfactory position, inasmuch as, they do not appear to be adequate and secondly they don't appear to be in terms of the Motor Vehicles Act. For example, the signs that have to be put up for indicating 'No Horn Zone' are not in terms of the Motor Vehicles Act. The SSP, Traffic shall identify all the areas/ spots and the SMC shall ensure that signage is put up at all these areas/ spots. A detailed report with regard to the same shall be submitted before the next date of hearing.
06. As regards the implementation of the direction in respect of Wheel Clamps, it is submitted in the compliance report dated 28.09.2017 on behalf of the SSP, Traffic, Srinagar, that the Director General of Police, J&K, Srinagar, has authorized the Inspector General of Police, Traffic Headquarters, J&K, Srinagar, to purchase 100 Wheel Clamps from the open market on the lowest rates after completing the codal formalities. The process of purchase of the Wheel Clamps has been initiated and is likely to be completed within three weeks.
07. On the previous occasion, we had directed that the SSP, Traffic, Srinagar, be given a copy of the proposal for weekly holidays in different markets and different areas in Srinagar City. The SSP, Traffic, had received a copy of the proposal and by virtue of a communication dated 23.09.2017 addressed to the Labour Commissioner, J&K Government, Srinagar, suggested certain changes in the proposal of area wise close days in Srinagar City in lists A to E. It is for the Labour Commissioner to ensure that the amended proposal is sent to the Government and the same is put in place. The Labour Commissioner shall take all the steps, which are necessary to be taken by him, within one week from today. Further progress in the matter shall be reported by Mr B. A. Dar, learned Sr. AAG, on behalf of the Labour Commissioner, before the next date of hearing.
OWP No. 458 of 2003 Page 4 of 708. Insofar as the directions to JKERA is concerned, regarding point No. 4(a) in our order dated 20.07.2017, it is submitted by the learned Advocate General, based upon the status report dated 03.10.2017 on behalf of the JKERA, that macadamization has been done from Rambagh Bridge to Amar Singh College crossing. The macadamization of another tube has been completed up to Allochibagh crossing. It is further submitted that the single tube road stretch from Amar Singh College crossing to Bakshi Stadium crossing has also been macadamized and is open for traffic. It is also stated that the work of Rambagh flyover would be completed, in all respects, by the end of June, 2018.
09. With regard to the developments in the inter-city and intra-city transport, the status report dated 04.10.2017 submitted on behalf of the Transport Department indicates that various measures are under way. It is evident that Srinagar has two major bus stops, one at Parimpora and the other at Pantha chowk. From the plan devised, it is evident that Parimpora would cater to north, north west and north east, whereas Pantha Chowk would cater to south and south east. The colour coding of green strips and red strips has also been indicated and implemented. The status report also indicates the major bus operators, the routes and the timings of stops.
Insofar as the Intra-city transport is concerned, that is mainly covered by 1394 mini buses, in addition to Sumos and Maxi Cabs. It is also informed that the Regional Transport Officer, Kashmir, has done a major exercise of rationalization of routes within the Srinagar City, and, as of now, 20 routes have been identified. Some more routes would be identified shortly. The details have been given in the status report. It also appears that for the first time, the vehicles ( mini buses, sumos, maxi cabs) plying intra city would bear plate numbers, indicating their routes for easy identification by the citizens.
10. With regard to Pollution Checking Centres, it has been indicated that 14 such centres whose licenses had been suspended, have been re-instated and after addressing the short comings. As of now there are 25 Pollution Checking Centres which are working in the Kashmir Division. With regard to increasing the number of such centres across the State, it has been suggested that in the first instance all OWP No. 458 of 2003 Page 5 of 7 the Petroleum Companies/ Oil Companies have been requested to set up Pollution Checking Centres at their retail out lets. There are 516 such fuel stations/ retail outlets in the State. We are also informed that the Ministry of Road Transport & Highways, Government of India, has already issued directions that filling stations should establish pollution checking centres. Public notices have already been issued in widely circulated dailies in J&K, inviting applications from the owners of the fuel filling stations for setting up of Pollution Checking Centres. A review of the fee structure has also been undertaken. A copy of the public notice has also been annexed with the status report. Further progress in the matter be reported before the next date of hearing.
11. The J&K Pollution Control Board has also presented the noise monitoring report of different locations in Srinagar City. The ten locations are the same which are mentioned in paragraph 15 of our previous order. The results are as under:-
S. Name of Sampling site. Noise Noise during
No. during day night time
time.
1. G.B. Panth Hospital (across the road near 70 57
Hotel Shangrila).
2. G.B. Panth Hospital (inside the entrance 61 55
gate)
3. S.P. College/Higher Secondary School 80 48
(opposite main gate across the road)
4. S. P. College near main gate 59 41
5. High Court (near main gate, road side) 66 42
6. High Court (opposite main gate across the 72 43
road, near P.D.D.)
7. S.M.H.S (main gate, near causality) 81 65
8. S.M.H.S (opposite side of the casualty across 64 57
the road near Doctors Hostel)
9. S.K.I.M.S (At main entrance gate road side) 75 55
10 S.K.I.M.S (near casualty side) 61 58
The above monitoring would clearly indicate that there is no discernible improvement in the noise situation. It means that the preventive /curative action is OWP No. 458 of 2003 Page 6 of 7 not being taken by the State Pollution Control Board. The agencies concerned are, as pointed out by us on several occasions, sufficiently empowered by the Statutes and Rules made thereunder to implement the various provisions to bring about an improvement in the noise levels. The statistics reveal that action is not being taken. We, therefore, direct the State Pollution Control Board to ensure that adequate steps are taken to bring down the noise pollution levels within permissible limits.
12. The learned Advocate General informs us that Qamarwari Bridge would be completed, in all respects by 31.03.2018, and that, already 60% of the work has been completed. The status with regard to the bridge parallel to Abdullah Bridge shall be submitted on the next date of hearing.
13. The status report submitted on behalf of the Divisional Commissioner, Kashmir, dated 05.10.2017 and the affidavit of the Chief Engineer, PWD (R&B), Kashmir are taken on record.
14. Mr Ateeb Kanth, Advocate shall submit a further detailed report before the next date of hearing.
15. Re-notify on 22.11.2017.
16.
17.
(Alok Aradhe) (Badar Durrez Ahmed)
Judge Chief Justice
Srinagar
05.10.2017
Anil Raina, Secy
OWP No. 458 of 2003 Page 7 of 7