Rajasthan High Court - Jaipur
Mahendra Lodha vs State Of Rajasthan on 21 November, 2000
Equivalent citations: 2001(1)WLC337, 2001(1)WLN321
Author: N.N. Mathur
Bench: N.N. Mathur
ORDER Mathur, J.
1. The first writ petition being D.B. Civil writ petition No. 6073/93 was filed by petitioner Mahendra Lodha in the year 1993 as a Public Interest Litigation. The petitioner has highlighed chaotic traffic conditions and vehicular pollution in the city of Jodhpur. The writ petition is based on the information collected from the Research made by one Shri Avdesh Kumar under the guidance of Professor M.B. Pathak. According to the petitioner, 1,14,076 vehicles were registered with Regional Transport Officer, Jodhpur in the year 1992. It is further averred that there is an increase of 14 to 15 thousand vehicles per year. The gases which are emitted by the vehicles are Carbon Monoxide-64%, Hydrocarbons 22%, Oxides of Nitrogen-12% besides Sulphur dioxide, lead compounds and suspended particulate matter, smoke etc. It is further averred that 72.5% of the Cars registered with RTO, Jodhpur emit 3% Carbon Monoxide; 63% of the three wheelers emit more than 4.5% Carbon Monoxide, 25% of the scooters emit more than 4.5% Carbon Monoxide and 70% of Petrol driven vehicles emit more Hydrocarbons than permissible limits. The toxic effect of these gases over the human body has been pointed as under:-
(i) Eyes: Because of emission and inhalation of the gases aforesaid the people develop chronic conjunctivities which contribute in the early development of cataract and glaucoma.
(ii) ENT: The emissions result in causing pharynjitis, and even cancer of larynx.
(iii) Respiratory System: It causes bronchitis, Asthma, Emphysema, and lung cancer etc.
(iv) It also causes headache, irritability, loss of concentration on work for exhaustion.
(v) Alergic condition can develop and all these diseases lead to diminution in the capacity of work of the people.
(vi) The aforesaid facts clearly show as to how the emissions from motor vehicles when not controlled can harm human being.
It is submitted that extra ordinary increased of vehicles, smoke, vapour, spark, ashes, grit and oil emissions have totally pouted the environment of city of Jodhpur. It is also submitted that greatest villians of peace are Tampos and Trucks as they emit smoke, vapour, spark, ashes, grit as also oil in total disregard of the provisions made u/R.112 to 116 of the Motor Vehicle Rules. The things have reached to the stage where one is almost inhailing poison on all the busy roads of Jodhpur moreso on the High Court Road, Sojatigate, Station Road, M.G. Hospital Road, Jalorigate, Chopasni Road, Residency Road, Station Road etc. So far as City buses are concerned, it is submitted that they have become a life hazard because they are driven with great speed on the busy roads of city of Jodhpur. The petitioner has sought direction for the strict compliance of the Rule 112 to 116 of the Motor Rules. A further direction has been sought to fix the speed governers limiting the speed of the city buses to 30 kms. per hour.
(2). In reply to the writ petition, an affidavit has been filed by Sh. Ram Gopal Maheshwari, D.T.O. (Writs), as back as in the year 1995. It is admitted that vehicular traffic in the city of Jodhpur has been increased tremendously. However, it is denied that District Administration is oblivious or has not taken steps for the alleged situation. It is also submitted that the Administration has already imposed one way traffic regulation in Jodhpur in peak hours in evening from 4.30 PM to 8.30 PM. It is also submitted that regular checking is also done by the authorities of the police and Motor Vehicles Department for checking pollution made by such registered vehicles. It is further submitted that notification No. GSR 933(E) dated 28.10.1989 has been issued under Rule 118 of the Central Motor Vehicles Rules for speed governers to restrict the speed limits of vehicles.
D.B.C.W.P. No. 1041/2000 is a joint writ petition filed by 22 persons. All the petitioners are permit holders for plying their vehicles on the different city buses route in the city of Jodhpur. The grievance of the petitioners is that inspite of the fact that they are plying their vehicles after having pollution under control certificate (hereinafter referred to be as "PUC") with all other relevant documents, police without following the mandatory procedure laid down u/R.116(1) and without hearing anything in writing are directing the drivers to submit the vehicles for conducting the test to measure the standards of emissions in any one of the authorised testing Stations and to produce the certificate to the concerned authority within 7 days from the date of conducting the check. They have also given list of vehicles seized. The controversy involved in the writ petition is with regard to the authority of respondents to seize the Motor vehicles for the impugned offences. The petitioner has sought declaration that the seizure of the motor vehicles as void. A further direction has been sought to restrain the police and traffic authorities from seizing the vehicles u/Sec. 207 of the Motor Vehicles Act.
(3). In our view, the second writ petition filed by Ram Singh and Ors. has been wrongly labeled as a public interest litigation. However, a reference has been made to some of the provisions of Motor Vehicles Act and Rules which touches the general problem pertaining to vehicular pollution and have made certain remedial suggestions. The writ petition is treated as P.I.L. only to that extend, without entering into the question, if a petition can partly be treated as P.I.L., we only say that we are not expressing any opinion with respect to merit of the contentions raised and relief claimed.
(4). A reply to the writ petition has been filed supported by an affidavit of Sh. Ramnath Saran, Dy S.P. (Traffic), Jodhpur. So far as personal grievance of each of the petitioners is concerned, it is submitted that they have an alternate remedy under the provisions of Code of Criminal Procedure as also contained in Sec. 207 of the Motor Vehicles Act. It is also submitted that joint writ petition is not maintainable as each petitioners have different cause of action. Their vehicles have been seized on different grounds. However, so far as public interest part is concerned, it is admitted that city of Jodhpur is facing great hardship and inconvenience on account of various traffic problems which need be considered by this Court while exercising the extra ordinary power under Art. 226 of the Constitution of India. It is also submitted that joint writ petition is not maintainable as each petitioners have different cause of action. Their vehicles have been seized on different grounds. However, so far as public interest part is concerned, it is admitted that city of Jodhpur is facing great hardship and inconvenience on account of various traffic problems which need be considered by this Court while exercising the extra ordinary powers under Art. 226 of the Constitution of India. It is also submitted that the effective directions need be given for controlling and regulating the traffic of the city of Jodhpur as well as for controlling air pollution effectively by conducting the test to measure the standards of emission in any one of the authorised testing station and also for obtaining PUC. It is further submitted that effective directions are liable to be made for dealing with the cases of contravention of provisions of the Rules of 1989. It is pointed out that at present 473 city buses and 436 tempos are plying on the main roads of city of Jodhpur. It is suggested that number of city buses and tempos on the main roads must be restricted to 250, so that problem of heavy and irregular traffic on the main roads of city can be solved. It is also pointed out that State Government has constituted a Committee in March 2000 under the Chairman-ship of Divisional Commissioner, Jodhpur for periodical renewal of traffic management and control in the city of Jodhpur. The Committee is monitoring the traffic conditions in the town. It is also pointed out that Committee is coordinating the work of different department of the Government and Local bodies working for improving the traffic condition. It is also pointed out that suggestion has also been sought from the general public for smoothing the vehicular traffic. In this direction, a workshop was held in police-line, Jodhpur on 20.5.2000. The work-shop was presided by the Dy. Inspector General of Police, Jodhpur. It was attended by the Collector, Distt. Magistrate, Jodhpur, Distt. Super intendent of Police, NGO's and other persons interested in such public issues. On the basis of suggestions, an improvement plan has been prepared.
(5). This Court vide order dated 26.7.2000 directed the Distt. Collector, Superintendent of Police and Regional Transport Officer, Jodhpur to consider and pass appropriate orders and frame scheme in consultation with the transport operators, Lorry owners, various owners of the three Wheelers Association, Transport Association etc. The Court directed to convene the meeting within a period of one month to consider (a) not to permit the heavy vehicles during certain peak hours within the city limit; (b) to prepare a scheme for gradual elimination of smoke-emitting vehicles, (c) to fix speed-governers on different transport vehicles and (d) to consider the regulation of traffic. This Court gave liberty to the Committee to invite suggestions from various other organisation and also from the private and public Lorry Association and also State Carriage Operators, city-buses Operators etc. etc. (6). It is reported that in pursuance of the direction of this Court, a meeting was held in the Chamber of Distt. Collector, Jodhpur on 21.8.2000. The meeting was attended by Sh. Rajat Mishra, Collector, Jodhpur; Dr. Bhupendra Singh, S.P., Jodhpur and Sh. K.L. Meena, Chief Executive Officer, Jodhpur Nagar Nigam, Sh. Bajrang Lal Sharma, R.T.O., Jodhpur, Sh. Mahesh Sharma, Secretary UIT, Jodhpur, Sh. R.S. Saharan, Dy. S.P. (Traffic), Jodhpur. 14 office bearers of the Motor Vehicle Union i.e. Sh. Karan Singh, Sh. Hari Singh, Sh. Raj Khan, Sh. Jitendra Singh, Sh-Dhan Raj, Sh. Multan Singh, Sh. Khima Ram, Sh. Ranjeel Singh, Sh. Ajit Singh, Sh. Jitendra Singh, Sh. Arjun Parihar, Sh. Ashok Acharya, Sh. Sadique Khan, Sh. Liyakat Ali also attended the meeting. A scheme has been submitted for the approval of this Court. It is pointed out that during the period 1.1.2000 to 31.7.2000, 352 vehicles were seized on the ground of pollution, over speed, improper fitness etc., but all the vehicles were released by the Subordinate courts. A fine imposed by the Court is generally paltry sum and the vehicle Operators commit such offences with impunity. Thus there is hardly any deterrent effect of these proceedings. The statement of challans made by the traffic police shows that during April to August of current year, 10661 challans against owners of trucks, city buses, tempos, autos, two wheelers and other vehicles have been filed.
(7). We have heard Mr. M. Mridul, Sr. Advocate, Sh. B.L. Maheshwari, Adv., Sh. R.L. Jangid, Addl. Advocate General, Sh. Vineet Kothari, Adv. and Sh. Sachin Acharya, learned counsel for the parties.
(8). The Indian Constitution contains specific provisions on environmental protection. The provisions regarding the directive principles of State policy and the fundamental duties explicitly enunciated the national commitment to Protect and improve the environment. The judicial interpretation has strengthened the Constitutional mandate. Now it is well established that the Courts have recognized the right to wholesome environment as being implicit in the fundamental right to life. The slow poisoning by the polluted atmosphere caused by environmental pollution and spoliation is regarded as amounting to violation of Art. 21 of the Constitution of India.
(9). The Apex Court in various public interest litigation having noticed to vehicular pollution and chaotic traffic condition in major cities of India particularly Delhi, has issued directions for the protection of environment and proper management and control management and control of traffic. The directions issued in those cases provide sufficient guidelines to deal with the problems in the city of Jodhpur with respect to vehicular pollution and chaotic condition of the traffic. Reference may be made to M.C. Mehta vs. Union of India & Ors. (1), M.C. Mehta etc. vs. Union of India & Ors. (2), M.C. Mehta vs. Union of India & Ors. (3), M.C. Mehta vs. Union of India & Ors. (4).
(10). In M.C. Mehta vs. Union of India and ors. (5), the Apex Court while considering the proper management and control of traffic in the National Capital Region (NCR) and the National Capital Territory (NCT), Delhi to ensure the maximum possible safeguards which are necessary for public safety, dealt with the provisions of Motor Vehicles Act, 1988 and the Rules made thereunder. The Court found that Sec. 45 permits refusal of registration or renewal of certificate of registration inter-alia on the ground that the vehicle is mechanically defective or fails to comply with the requirement of the Act or the Rules made thereunder. The vehicle must be road worthy in the sense that there is no mechanical defect therein to permit it being used as a motor vehicle. This requirement has to be fully complied with and such a requirement could improve the requirement of a specific category of a motor vehicle being fitted with speed governer or such other devices as may be prescribed by law. The Court emphasized that paramount need is public safety and if speed governers are not prescribed for a particular class of motor vehicles, there is great danger to the public by the use of such a motor vehicle in a public place. While granting the permit as well as the certificate of fitness to such transport vehicles, every care is required to be taken. The Court also found that Sec. 112 empowers authorities to limit the speed and prohibits driving of a motor vehicle or it being allowed to be driven in any public place at a speed exceeding the maximum permissible speed. The Court also observed that some stringent and effective measures are required to bring to a halt the danger posed to the public by the continued used of a motor vehicle which is not roadworthy or was being used/driven dangerously. The Court found that Sec. 207 takes care of that situated by conferring power on any police officer or other person authorised in this behalf to seize and detain the vehicle if he has reason to believe that the same has been or is being used in contravention of the specified provisions so as to pose a serious threat to the public. The Court held that existing provisions in the Act alone are sufficient to clothe the members of the police force and the transport authorities with ample powers to control and regulate the traffic in an appropriate manner so that no vehicle being used in a public place poses any danger to the public in any form. The Court observed that to overcome the situation when the strength that to overcome the situation when the strength of the police force is not adequate in a given area and the utilisation of more men is required for strict enforcement of these salutary provisions, the law confers power of delegation of the authority to other persons. The Court further observed that there must be adequate strength of police force.
In M.C. Mehta vs. Union of India and ors. (6), the Apex Court gave various directions to control and regulate the traffic. The directions were given by the Apex Court from time to time in the cases referred to above. The judicial activism has been a single most democratic phenomenon that has been seen as "Public Interest" in India's political system. The writ procedure in public interest litigation has to be speedy and it must be ensured that the directions given in public interest are faithfully and punctually complied with. Thus judicial innovation requires (i) to secure detail facts (many times the information given by the petitioners may be scratchy); (ii) received experts testimony in cases involving compact of social and scientific issues; (iii) ensure the continuous supervision or monitoring the prospective judicial orders.
(11). After hearing the learned counsel for the parties, the Officers present in the Court and keeping in view the facts collected including the opinion of the experts, we issue the following directions i.e.:-
A. The Traffic Management Committee for the city of Jodhpur as constituted by the State Government in March 2000 under the Chairman-ship of the Divisional Commissioner shall continue to function more effectively and ensure to make improvement of traffic conditions in the city. The Committee shall submit its report periodically to this Court. The Chairman of the Committee in order to achieve the pious object involve more genuine NGO's, person interested in public cause. Efforts be made to involve organisation like N.C.C. and N.S.S. B. It has been brought to our notice that there are 200-250 transport companies in the city of Jodhpur. They are located in busy and conjusted areas like Jalori Gate, Old Stadium Medan, near Olympic Cinema, Station Road and Paota 'B' Road. It has also been brought to our notice that as back as in the year 1997, about 158 transport companies were allotted Commercial plots on the confessional rates in Truck Terminus, Basni. These transport companies were given commercial plots on the condition that they will shift to the new allotted place of business within one year of allotment, but despite of this condition, only about 15-20 companies have shifted to new place and they are also operating simultaneously from the old place. It is also reported that inspite of repeated notice, goods transport companies have not shifted to transport nagar. It is expressed by one and all including the Traffic Management Committee that immediately transfer of the Transport Companies to Transport Nagar is necessary to solve the problem of free quent entry of heavy vehicles in the city of Jodhpur.
(12). Considering the facts and circumstances of the case we direct that no Transport company in the city of Jodhpur shall function, except such companies which given written undertaking before this Court with copy to R.T.O. and S.P. latest by 27.11.2000 to the effect that they will not bring heavy vehicles in side the city and shift outside the city to reserved area for such business on or before 7.12.2000. Such Transporters shall be given necessary facilities by all concern and entry of their vehicles shall be permitted upto 7.12.2000. Those Transport Companies, which does not furnish undertaking on or before 27.11.2000 and continues to function beyond 27.11.2000, from their old premises in the city and Transport Companies which furnishes undertaking but does not shift by 7.12.2000 will face consequence; in earlier case w.e.f. 28.11.2000 and in later case w.e.f. 8.12.2000 i.e. cancellation of their licence under Sec. 93 of the Motor Vehicle Act. They will also be liable to be prosecuted in accordance with the provisions of Sec. 193 of the Motor Vehicle Act. The concerned Magistrate shall hear and decide the cases as far as possible on spot. The Traffic police shall not permit the trucks of such companies inside the city of Jodhpur after the dates indicated above. Any truck found parked outside the transport company inside the city of Jodhpur after the scheduled dates i.e. 28.11.2000 and 7.12.2000, shall be seized by the police and shall not be released without the permission of this Court. It will be open for the person concerned to approach to this Court for release of seized vehicle.
C. No truck shall be permitted to pass through to the city of Jodhpur where alternate bye pass is available irrespective of the fact that bye pass may have a longer route. The traffic police will establish police post at the entry points and divert such heavy vehicles to bye-pass. The concerned department of engineering will ensure that roads of bye-pass are in working condition for the movement of heavy vehicles.
D. The heavy vehicles of Army and Air-force will not be allowed to enter in the busy area of the city of Jodhpur beyond the points determined by the Divisional Commissioner after a meeting with the concerned local Officers of Army and Air-force. The decision shall be taken by the Divisional Commissioner latest by 27.11.2000. The decision taken by the Divisional Commissioner shall be binding on all concerned as an order of this Court.
E. The UIT, Jodhpur will provide for pay parking to the bus operators outside the conjusted area of Jodhpur within a period of four weeks i.e. latest by 20.12.2000. Any private buses found parked outside the pay parking area shall face consequences of prosecution under the Motor Vehicles Act including suspension or cancellation of the permit.
F. It is reported that despite the notification dated 28.3.81 issued by the State Government in exercise of powers under Sec. 74 of the Motor Vehicles Act and Rule 23 of the Rules of 1952 restraining the entry of the heavy vehicle except the city buses in the areas referred therein from 8AM to 8PM, the vehicles like trucks are not being restricted from the said areas by the authorities. The Distt. Authorities are directed to faithfully and punctually comply with the above referred notification.
G. One of the major pollutents identified in various affidavits is the Tempos. We are informed that there are about 436 Tempos plying in the city. In addition, there are three wheelers, city buses, mini doors.
Considering the material available on record, it is directed that there shall be complete ban on moving of tempos on the main road starting from Darpan Cinema to Sojati Gate, Railway Station and Jalori Gate. On these route, the number of city buses shall also be reduced to 250. The RTO, Jodhpur is directed to re-schedule/ revise the routes of the city buses and tempos is consultation with Dy. S.P. (traffic), Jodhpur. Both the officers will ensure that traffic problem is not created at the termination point i.e. Darpan Cinema and Jalori Gate. In addition, both the Officers may carry out the decision taken in traffic Management Committee dated 14.6.2000 in this regard.
H. No public transport on the main roads of the city of Jodhpur of more than 12 years old shall be permitted to ply. The Authorities will phase out old vehicles gradually to ease the pollution level in the city. This direction is considered expedient in view of the fact that old vehicle create more pollution.
I. No vehicle shall be allowed to ply in the city of Jodhpur unless it carries a valid Pollution under Control Certificate issued by an agency authorised for this purpose. The police will launch a massive programme for the checking of all sorts of vehicles to ensure that no vehicle is driven in the city of Jodhpur unless it carries valid P.U.C. J. The common grievance of one and all is that city buses, tempos, three wheelers, mini buses and autos (Taxies) are being driven in a reckless manner. They are most misbehaved and undisciplined persons. Most of the accidents takes place because of rash driving of said vehicles. They terrorise pedestrian not only by rash driving, but also by excessive acceleration while the city Bus is stationary or in slow motion and by blowing long horn. Most of the drivers derives pleasure in doing so. It is also reported that these drivers have courage to do so because many of the traffic constables are friendly to them. It is also reported that one of the major reason of conjection on the main road is encroachment by the shop keepers or by local vendors more particularly on Nai Sarak, Station Road, Sojati Gate, Jalori Gate, Sardarpura "B" Road and Chopasni Road. It is directed, thus:-
(i) no public vehicle i.e. city bus shall be permitted to be driven by a person who is not in prescribed uniform. The owners of the city buses or the tempos shall furnish the name of driver on the particular vehicle to the Dy. S.P. (Traffic) alongwith photo stat copy of his driving licence. A person whose name has not been furnished to the Dy. S.P. (traffic) by the owner shall not be permitted to ply the vehicle.
(ii) The R.T.O. will prescribe a dress for the drivers of the city buses within a period of three days from today. It is only the drivers who are dressed in prescribed uniform shall be permitted to ply the city bus in the city of Jodhpur. They will also carry suitable inscription indicating him name. The said vehicle shall carry suitable photograph of the driver.
(iii) Any driver of the city bus giving excessive acceleration or blowing long horn shall be liable to be prosecuted and punished for such driving. Efforts be made to try and punish such drivers on the spot. They shall be visited with exemplary punishment.
(iv) No heavy, medium transport vehicle and light goods vehicle i.e. 4 wheelers shall be permitted to operate on the roads of city of Jodhpur unless they are fitted with suitable speed control device to ensure that they do not exceed the limit of 40 km per hour. This will not apply to the transport vehicles operating on inter state permits and national goods permit. However, such exempted vehicles would be confined to such routes and such timings during day and night as the police/transport authorities may prescribe. The District Magistrate, Jodhpur as well as the S.P., Jodhpur will ensure full compliance of the directions. Any constable or employee or officer found slack in performing his duties in this regard, shall be visited with departmental penalty under intimation to this Court. This direction shall be operative until the Central Government issues an appropriate direction under the provisions of Motor Vehicles Act and Rules.
(v) All authorities concerned should ensure that transport vehicles do not over take any other four wheel motorised vehicle. Any transport vehicle found violating this part of the direction, shall be visited with exemplary fine.
(vi) The authorities are directed to ensure that city buses or the tempos stop only at a designated place. The transport and police authorities with the help of other concerned departments shall make an appropriate marking painted and bus bays built at such places on the main roads of city of Jodhpur within a period of 10 days. Any city buses or tempos found parked outside the 'bus bays' shall be liable to exemplary fine imposed by the concerned authorities or the Court.
(vii) It is reported that many of the building owners and commercial complexes have covered the parking places into a shop or godown. The Chief Executive Officer, Nagar Nigum, Jodhpur is directed to make survey and identify such buildings on the main roads i.e. from Mahamandir, High Court Road, Railway Station, Jalori Gate, Chopasni Road, Bombay Motor Circle and Akhaliya Circle which are at present existing in violation of relevant mandatory laws more particularly violating the conditions of permission or the bye-laws resulting into parking of vehicles on the main road infront of their building. The report may be submitted to this Court on or before next date of hearing. A direction is required to be given to remove such shops and godowns and take an appropriate steps for the parking of vehicles within the bounds of building. However, this will not effect plan in action of the authorities to remove such encroachments.
(viii) We also direct that any hoarding on the main road which disturb the safe traffic movement should be identified any promptly removed.
(ix) It cannot be lost sight that Jodhpur is the second largest city and judicial capital of the Rajasthan. It is reported that city of Jodhpur is not provided with adequate number of police particularly the traffic police. Police is not equipped with necessary instruments for the proper management of traffic. Thus, it is directed that State of Rajasthan shall provided adequate number of police force particularly the traffic police alongwith requisite number of vehicles as may be suggested by traffic Management Committee.
(x) It is surprising that for controlling the traffic, there is no recovery van which may be utilised for towing the vehicles parked in no parking zone or committing other traffic offences. The State Government is directed to arrange a recovery van for the city of Jodhpur within a period of 2 months. Till such a vehicle is arranged, the recovery van be transferred to Jodhpur from other city before 10.12.2000.
(xi) It is also reported that police does not have modern speed detecting device like speed radars etc. There are only two manualy operated instruments which are not sufficient. It is submitted that the vehicles which are found moving fast, are challaned but the police fail to established the case against them as the evidence of manualy operated speed detecting device is not considered sufficient. Thus it is desirable to have one 'intercepting vehicle' for controlling the rash during and unrully traffic in the city of Jodhpur. Thus, it is directed that State of Rajasthan shall arrange one 'intercepting vehicle' for the city of Jodhpur within a period of 2 months. As an interim arrangement, an intercepting vehicle shall be transferred to Jodhpur on or before 10.12.2000. The Principal Secretary, Home Department is directed to ensure compliance of direction contained in para 7 (viii), (ix) and (x).
(xii) It is reported that during the period 1.1.2000 to 31.7.2000, 352 vehicles were seized on the ground of pollution, over speed, improper fitness etc., but all these vehicles were released by the subordinate courts. The fine imposed by the subordinate court is generally paltry sum and the vehicle operators commits such offences with immunity. It is also submitted that there is hardly any deterrant effect to these proceedings. A statement of challan made by traffic police during the period 1.4.2000 to 31.8.2000 has been produced by the respondents which shows that during the said period, no less than 10.661 challans have been submitted by the traffic police before the court of Judicial Magistrate, 1st class of competent jurisdiction. It is also reported that traffic police is more sympathatic towards the city buses. Most of the challans are against the drivers of two wheelers. It is also submitted that RTO and the traffic police have always shown favour to the city buses and against the three wheelers tempos and two wheelers. We expect from the traffic police and the RTO to adopt non-partisan attitude. In these circumstances, we consider appropriate to direct the Registrar General, Rajasthan High Court to make a request to the Hon'ble the Chief Justice to spare one full time Addl. Chief Judicial Magistrate to deal with the cases of Motor Vehicle Act in the city of Jodhpur.
(xiii) The respondents State Government is directed to arrange a suitable vehicle i.e. Gypsy Jeep fitted with wireless set for carrying the court function by the learned A.C.J.M. as spare by the Hon'ble High Court for deciding the cases on spot. Such a vehicle should be made available before 10.12.2000. State Government will also make a provision for the petrol and maintenance of vehicle. The vehicle shall be fully at the disposal of learned ACJM. It will not be open for any Executive Authority to give any direction to the learned ACJM with respect to movement of vehicle. Administration can approach to this Court in case of difficulty in this regard.
(xiv) The traffic Management Committee headed by the Divisional Commissioner is also directed to explore the feasibility of opening of alternative routes, shifting of main offices and Courts including High Court, construction of fly-overs to reduce the pressure on the existing main route i.e. from Paota to upto Jalori Gate. The feasibility report shall be submitted to this Court within a period of three months.
K. It is also reported that there is no policy with respect to speed breakers on the roads. There are places where speed breakers are utmost necessary. Still inspite of repeated requests by the public speed breakers have not been constructed, and at some places, there are 2-3 speed breakers within a space of less than furlong. The Divisional Commissioner is directed to constitute a Committee to lay down a uniform policy for the construction of speed breakers on the main roads of the city of Jodhpur. The speed breakers should be of standard size as prescribed by the Government. The Committee after laying down the guiding principles should make a survey of all main roads in the city of Jodhpur and ensure that where-ever speed breakers are necessary, same are provided. The places where it is not necessary, they should be removed. It must also be ensured that speed breakers are of the pattern as designed under the relevant rules or guidelines.
L. It is reported that large number of officers of various department have fitted red light on their official vehicles and using them with impunity. This has defecated very purpose of R. 108 of the Motor Vehicles Rules. Taking the advantage of uncontrolled number of vehicles fitted with red light, criminals are reported to using vehicles fitted with red light for safe passage. It is also reported that some of the hotel owners in order to attract customers have also filled red light on the taxi cars.
Thus it is directed that no Motor Vehicle shall show a red light to the front or light other than the red to the rear except the vehicle carrying high dignatories specified by the Central or the State Government or other vehicles permitted under R. 108 of the Rules. It is further directed that Government vehicles fitted with red light when not actually carrying high dignatories shall cover the red light by putting a white cap thereon. The Divisional Commissioner, Jodhpur shall issue an appropriate direction to all the departments of the State, Central Government, Local Authorities and public undertakings to ensure that red light on the vehicles is not used in defience of R. 108 of the Central Motor Vehicles Rules, 1989. He will also obtain a compliance report from all the head of the departments. This exercise shall be undertaken within a period of 10 days and submit the report to this Court on or before next date of hearing. The same course shall be adopted by the Registrar General, Rajasthan High Court, Jodhpur with respect to High Court and Subordinate Courts. He will also submit the compliance report on or before the next date of hearing. It must be made clear to one and all that non- compliance of R. 108 shall not only lead to a prosecution for the violation of provisions of Motor Vehicles Rules, but also construed as a misconduct under the relevant service rules.
It is also directed that Driors of taxi car using the red light in contravention of the R. 108, shall be prosecuted. The vehicle shall be seized and shall not be released without the permission of this Court. Incase the Taxi vehicle is hired for the purpose of carrying high dignatories under R. 108 still red light shall not be fitted thereon without the prior permission of R.T.O. and the S.P., Jodhpur. Both the Officers before issuing the certificate will ensure that Taxi vehicle has been hired genuinely for the purpose provided under rule 108.
It is also reported that large number of vehicles of defence services are also using red lights on the car while moving in the city. It is directed that Divisional Commissioner, Jodhpur in consultation with the high defence authorities will determine that which of the defence vehicles are authorised to use red light on their car while moving in civil area. This exercise shall be taken within a period of 10 days and the report shall be made on or before next date of hearing.
M. No spot, line or search light shall be carried on the front of any vehicle except in exceptional circumstances with the prior approval of registering authority. The Traffic police will ensure the full compliance of this direction.
N. No Motor vehicle shall be fitted with any multi tone horn giving a succession of different notes or with any other sound producing device giving an unduly harsh, shrill, loud or alarming noise. The traffic police will ensure the full compliance of this direction as well. All the aforesaid directions are made effective from 11.12.2000. All the departments i.e. police, transport, Nagar Nigam and UIT, Jodhpur shall coordinate their efforts under supervision of Divisional Commissioner, Jodhpur to carry out the directions faithfully and punctually. The non-compliance of the directions or inaction on the part of any of the Officer Incharge on duty, shall be viewed seriously. The inaction or disobediance on the part of any of the Officer shall be construed as a misconduct and the entry shall be made in their service record with the approval of this Court which will be treated as adverse entries in their service career.
O. We further direct that an affidavit shall be filed by the Divisional Commissioner, Jodhpur on or before the next date of hearing certifying that all the Court directions are being carried out in letter and spirit. All the departments i.e. Police, transports, UIT, Nagan Nigam, Jodhpur shall submit the report of due compliance on or before the next date of hearing with an advance copy to the learned counsel for the petitioner in Mahendra Lodha's case.
P. The Collector and Distt. Magistrate, Jodhpur and the Public Relation Officer, Jodhpur are directed to ensure that the contents of this order are published in print and electronic media and is made known to all the persons who are likely to be effected by this order. They should also give publicity to the basic rules relating to safe driving.
Q. The aforesaid directions are to be implemented notwithstanding any other orders or directions including the stay order or injunction granted by any other authority, Court (except Supreme Court) or Tribunal to the public. It goes without saying that a violation or disobediance saying that a violation or disobediance of the direction of this Court will be viewed seriously. Directions regarding which no date has been given shall effective from 11.12.2000 Both the writ petitions be listed on 7.12.2000 for further hearing.