Excelsior Correspondent
JAMMU, Mar 3: Division Bench of the High Court of Jammu and Kashmir and Ladakh comprising Chief Justice N Kotiswar Singh and Justice Sanjeev Kumar has closed the Public Interest Litigation seeking direction to the concerned authorities for prevention of commercial vehicles plying in the residential areas in late night with the direction to the petitioners to approach the concerned Deputy Commissioner with details to show the violation of court’s directions.
When the PIL came-up for hearing, DB observed, “primary relief claimed in this PIL is to issue direction to the concerned authorities for prevention of commercial vehicles plying in residential areas even in late night which disturb peaceful environment of the householders living near the public roads”.
“It has been brought before us that similar issue was considered by this court in OWP No. 458/2003, wherein an order was passed on 27.10.2005 issuing a slew of directions”, the DB said.
As per this order, Transport Commissioner and IG Traffic are required to take all steps to stop entry of all trucks and medium load carriers into the cities of Srinagar and Jammu from 8 am to 8 pm during winter and 7 am to 9 pm during summer. They are also required to take all necessary steps for closure of all unauthorized parking places in the two cities which are not notified by the Transport Commissioner.
It was submitted by Monika Kohli, Senior AAG that in pursuance of the directions issued by the court, necessary instructions have been issued by the concerned authorities and the directions of court have been complied with, as such, the relief claimed by the petitioners in this PIL can be said to have been satisfied.
Accordingly, DB reiterated the directions issued earlier to be complied with by the authorities in letter and spirit so that peaceful environment of the residential areas is not disturbed.
Advocate Raghav Sawhney, appearing for the petitioners, however, submitted that inspite of such directions being issued, the lane in front of his house is being used by commercial vehicles. He has also drawn attention to certain documents in support of his claim of non-observance of the directions by the commercial vehicles.
“The petitioners would be at liberty to approach the concerned Deputy Commissioner with detail to show the violation of this court’s directions and non-observance by the commercial vehicle for which the Deputy Commissioner after making necessary verification in this regard will direct the concerned persons/authorities for compliance of the court directions in letter and spirit”, the DB directed.
Follow our WhatsApp channel