Meghalaya High Court
Dr. Tilok Dasgupta vs State Of Meghalaya & Ors on 7 August, 2018
Equivalent citations: AIRONLINE 2018 MEG 88
Bench: Mohammad Yaqoob Mir, S.R. Sen
Serial No.02
Regular List
HIGH COURT OF MEGHALAYA
AT SHILLONG
PIL No.6/2017
Date of Order: 07.08.2018
Dr. Tilok Dasgupta Vs State of Meghalaya & ors
Coram:
Hon'ble Mr. Justice Mohammad Yaqoob Mir, Chief Justice
Hon'ble Mr. Justice S.R. Sen, Judge
Appearance:
For the Petitioner/Appellant(s) : Mr. K Ch Gautam, Adv
For the Respondent(s) : Mr. S Sen Gupta, Addl.Sr.GA
i) Whether approved for reporting in Yes/No
Law journals etc.:
ii) Whether approved for publication
in press: Yes/No
ORAL
1. An additional affidavit has been filed by the Executive Engineer PWD (Roads) National Highways Division, East Khasi Hills, Meghalaya, Shillong stating therein that markings have been completed regarding 42 points as were earlier identified for zebra crossings. In addition thereto, 26 more points have been marked at various locations as made mention of in the affidavit. Regarding said 26 points, also work has been completed which fact is supported by the learned counsel for the petitioner.
2. Requisite affidavit by the Assistant Inspector General of Police (A), Shillong has not been filed, however, learned Addl.Sr.GA under instructions assured allotment of special funds for printing pamphlets, banners and engaging volunteers.
3. In response to another direction regarding deployment of Home Guards so as to assist awareness programme, it has been stated in the affidavit that the matter has been taken up with the Assistant Inspector General of Police (E), Meghalaya, Shillong for deploying 100 volunteers of Home Guards to man the zebra 1 crossings in Shillong city which is under consideration of the Government. Learned Addl.Sr.GA assures the same.
4. In response to another direction regarding WT message to various Police Stations, Traffic Branches, Outposts and Beat Houses for conducting awareness programme about the importance of zebra crossings involving safety of pedestrians, in the affidavit it has been stated in para 11 that different Traffic Branches in Shillong city had conducted awareness programme with the assistance of the students of Martin Luther Christian University, Shillong on several dates. In support whereof, photographs have also been annexed with the affidavit. Learned counsel for the petitioner states that it has been done.
5. Regarding another direction dated 04.07.2018 pertaining to the awareness programme to be telecast by the Doordarshan Kendra Shillong, it has been stated in the affidavit that the matter has been taken up with the Director Doordarshan Kendra Shillong and they have accepted the request as a result whereof, utilization of zebra crossings was telecast by the Doordarshan Kendra Shillong from 29.06.2018 on regular basis at 5:30 pm and 6:00 pm for duration of 2 minutes respectively. In support whereof, a communication has been annexed with the affidavit.
6. The object of the Public Interest Litigation (PIL) has been substantially achieved. However, learned counsel for the petitioner would submit that though zebra crossings have been painted but keeping in view the weather condition in Meghalaya, the painting may fade or disappear due to heavy rain. If the proceedings of the PIL are closed, the respondent authorities will close the chapter but such a submission has to be taken care of i.e. that the respondent authorities will maintain the zebra crossings and will abide by the directions of this Court which have been issued from time to time. In any case, zebra crossings shall not disappear, learned Addl.Sr.GA assures that he is under instructions of the authority 2 concerned that whatever work has been done in compliance to various directions issued from time to time will be maintained and updated according to the required standards from time to time.
7. In view of the stated position, nothing survives for consideration in this PIL. Accordingly, the proceedings are closed. However, it is made clear that in case at any point of time the respondent authorities will show any type of negligence in maintaining the zebra crossings, it shall be open to the learned counsel for the petitioner and any citizen to lay a motion before this Court.
8. Disposed of as above.
(S.R. Sen) (Mohammad Yaqoob Mir)
Judge Chief Justice
Meghalaya
07.08.2018
"Lam AR-PS"
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