Excelsior Correspondent
SRINAGAR, Mar 22: The High Court today while taking serious note of traffic irregularities and violations of court orders, directed Government to react to the issues in view of public importance and file response by next date positively.
After going through the comprehensive report filed by amicus, the division bench of Justice Mohammad Yaqoob Mir and Justice Janak Raj Kotwal directed all the authorities to hone-up their shoes and report compliance to the court by next date of hearing.
Court sought response from Chairman Pollution Control Board and Inspector General of Police Traffic with regard to complete ban imposed on 15-25 year old commercial vehicles in the State by this court which till date has not been implemented in letter and spirit.
Amicus said despite court directions that 15 year-old vehicles should be condemned in the State, the direction, he added has not been implemented on ground. He said non implementation of court directions should be viewed seriously as further delay in complying with the orders will have disastrous results.
“In this connection, Chairman PCB and IGP Traffic shall file response suggesting ways and measure that can be taken up to change this disturbing situation”, Justice Mir and Justice Kotwal directed.
Court has also been informed that 20,000 Autos plying in Srinagar city and in the first instance need to be switched over either to CNG or LPG and in connection therewith major oil companies operating in the Valley need to ensure that CNG and LPG fuel is made available for the said purpose.
Court directed Indian Oil Corporation to file its response on the said issue by or before, next date. Compliance report of earlier direction has also been sought with regard providing for identifying unauthorized auto, sumo and bus stops and stands and their abolition.
Court directed the Transport Commissioner to file a report as to how TATA passenger vehicles with ‘squeezed seats’ and virtually no leg space at all are allowed to ply on the roads across the Valley and also directed him to suggest corrective measures to be taken in this regard.
Divisional Commissioner Kashmir and SMC Commissioner have been directed to file their response vis-à-vis problems faced by the general public in view of huge building which is known as “Dar building” and some other small buildings standing right in the middle of the road at Karan Nagar- Kaka Sarai road which impedes smooth plying of traffic on the vital road leading to Valley’s two leading hospitals of SMHS hospital and SKIMS, Soura.
IGP Traffic has been directed to report compliance in light of suggestions of the experts of NIT, Srinagar, referable to de-escalation of traffic at Pantha Chowk. Vice Chairman Srinagar Development Authority has been directed to file response as to what steps have been taken to protect General Bus Stand, Pantha Chowk from any encroachment.
“Project Director NHA1 and Chief Engineer, Border Roads Organization to file fresh status report indicating therein as to what steps have been taken to complete the road project of key importance with dates for its completion which project had to suffer setbacks in view of last year’s turmoil and harsh winter”, read the DB order.
Apart from this, court directed Deputy Commissioners and Senior Superintendents of Police from Kashmir province to report the court positively by next date regarding smoothness of roads and traffic congestion in their respective districts and what measures have been taken to improve the road condition and for decongesting the traffic for the public good.
“All the issues are general importance therefore respondent authorities, as referred to above shall ensure filing of requisite response by or before next date positively”, read the order.
Court also observed that generally it has been noticed that due to harsh weather and other circumstances most of the roads are in a bad condition. “Until macadamization process is taken up at the appropriate time, the concerned authorities including Chief Engineer shall ensure that with a period of 10 days, on fast track basis, at the first instance all the main roads connecting Srinagar city are updated by removing all ditches and likewise all roads within Srinagar city are made motorable by removing all ditches and other impediments within a period of 10 days and report compliance”, Justice Mir and Justice Kotwal directed.
With regard to issue about setting up of LPG gas outlets, the amicus pointed out before the court that after a lapse of three years since from the direction has been issued by the court LPG outlets are not being set up.
IOC counsel submitted that due to devastating floods of 2014 and unrest of 2016 the outlets have not been setup. Regarding the steps taken for allowing Auto LPG Dispensing Outlets (ALDS) in Kashmir valley, the Amicus pleaded that OIC previously informed the court that the outlets would start operating in Srinagar city in April 2016 but till date no such outlet is functional.
Court rejected the said explanation by the counsel with the observation that the same is not plausible. “It is not known what they have been doing from December 2013 till September 2014 and thereafter in the year 2015. Even though in the year 2016 there was unrest but approximately for six months” court said and added that the
corporation (IOC) is working with absolute non-seriousness and indolence, court said, has been exhibited and such type of approach is shown when court is monitoring the matter. “What would happen otherwise”, the court observed.
Court after observing that to grant further time is initially inclined but is imperative so as to make possible for the Corporation to ensure installation of LPG dispensing stations. “The Corporation shall file status at the end of each month so as to show the progress for requisite installation.
Court also directed the Corporation to apprise the court about its intentions of installing such auto LPG dispensing station in Jammu division as also in Kashmir division.
In a separate writ petition of senior Congress leader Taj Mohi-ud-Din, his counsel submitted before division bench that his client’s complex was sealed because of non-availability of parking space and the same was made available and de-sealing order was passed by the authorities (SMC) but the BOCA authorities have noticed some violation which according to the counsel appearing on behalf of Taj is a separate issue and be decided separately.
Court asked the counsel to place on record the position of raising of parking space and order of de-sealing in the first instance by or before next date.
Court also sought compliance report about the status of gas pipeline project from Mehsana-Bhatinda (Punjab) to Srinagar via Jammu and directed the counsel to file the response with advance copy to otherside
It is in the last month High Court expressed its dismay on failure of authorities to regulate the smooth traffic and other allied issues in twin cities of 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 had said that numerous orders have been passed but nothing has moved 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 had mentioned.
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 in 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 and bus stand facility.
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