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HC dismayed over lack of traffic regulation

Fayaz Bukhari
Srinagar, Feb 22: The State High Court expressed its dismay over failure of authorities to regulate the smooth traffic and other allied issues in Kashmir and Jammu despite various court orders and directed the Advocate General to take up the issues with the authorities.
Hearing a Public Interest Litigation filed way back in the year 2003 on daily traffic problems and congestions, the Court said that numerous orders have been passed but there is no improvement on the ground.
“…..Number of orders have been passed from time to time but to our dismay except a few hardly anything has moved. The order sheets have gathered too much of a mass”, Division Bench of Justice Ramalingam Sudhakar and Justice Ali Mohammad Magrey said.
This PIL involved number of issues like the transport congestion in both the cities of Srinagar and Jammu, the pollution that is caused by various stake holders living and doing business in these cities, the difficulty caused due to congestion on the roads which are not of adequate size, the difficulty caused due to lack of car parking facility, the difficulty caused by lack of public transport, bus stand facility..
Amicus to the PIL, Advocate J H Reshi submitted before the court that some measures have been taken and implemented but a lot more is to be done. The issue required proper consideration after response by all stake holders.
After these submissions, Division Bench asked the Advocate General, who was accompanied by Additional Advocate General, to take up the issues with State  authorities. “Submit to this court with all particulars after taking copies of the earlier orders so far passed by this court”, court said for implementing its earlier orders by March 1.
It may be mentioned here that the Court earlier had directed sealing of all those shopping malls and complexes in Srinagar city which have not provided basement of their buildings for car parking facility resulting into traffic congestion in the Srinagar city and had directed Srinagar Municipal Corporation to initiate action against these shopping mall owners which includes demolition of these buildings.
Commissioner of Corpor-ation was held responsible to execute the order of the court and police was directed to provide required protection while sealing these malls.
Municipal Corporation while giving the details of malls and complexes has stated that 47 shopping malls had not maintained car parking facility as is provided in the building permission and they had been directed to remove the deviation and provide car parking facilities in all these shopping malls.
Court also asked the amicus Reshi to formulate a team with advocate Ateeb Kanth and advocate Hakim Amaan Ali and prepare a comprehensive chart containing a list of “do’s and don’t’s” which needs to be followed and implemented by various departments of the Government.
“This chart when prepared will enable the court to focus on the issues raised in a systematic manner so that in future there is no scope for orders getting submerged in the reams of paper”, the DB said.
Court directed the registry to furnish all orders passed onwards February 17, 2012 to Advocate General as also to amicus to the PIL.
Court also directed the amicus and his accompanying advocates Ateeb Kanth and Hakim Amaan Ali to have a joint meeting with appearing state counsels in the office of Advocate General on Feb 28, 2017  for preparing priorities on the issues which have been taken up before the court.


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