Order It is stated by counsel appearing for the Electricity Board that electric poles are removed by it on the direction of the District Magistrate. The Advocate General is directed to inform the District Magistrate, Patna, to intimate to the Chief Engineer, Bihar State Electricity Board and the General Manager, Patna Telephones, to immediately remove the telephone equipments, electric poles etc. if located on any part of the roads which are being broadened. The District Magistrate shall communicate her instructions to these authorities in writing within one week. The District Magistrate will see to it that where-ever the road has been broadened, or is being broadened, the existence of such equipments, pole or poles etc. do not hamper the free flow of traffic. With this in view, whereever such obstructions exist, the telephone and the electricity authorities should be directed to remove them forthwith, and not later than two weeks from the date as which the order of the District Magistrate is received by them. We further direct the General Manager, Patna Telephones, and the Chief Engineer, Patna Electric Supply Undertaking to file the affidavit which they were directed to file by order dated 9.2.96. Such affidavit should be filed within a fortnight from today. 2. Despite very clear orders of this court, neither the police authorities nor the District Transport Authorities have been able to deal effectively with the problem of over loading by autorickshaws and sharing of the driver's seat by other passengers. We are sorry to notice that after the initial excitement, the officers have again developed an apathy and an indifferent attitude towards the orders of this court. The manner in which the authorities have acted, may justify action against them under the Contempt of Courts Act for disregarding the orders of this Court. Before taking any such action we give them one further opportunity to take necessary action as required under the orders of this court. The District Transport Officer is present and he pleads that on account of non-availability of sufficient number of staff he is not able to enforce the law and to book the law breakers. He submits that the enforcing agency under the Department of Transport should also cooperate in the matter. The District Transport Officer is present and he pleads that on account of non-availability of sufficient number of staff he is not able to enforce the law and to book the law breakers. He submits that the enforcing agency under the Department of Transport should also cooperate in the matter. We direct that the District Transport Officer with the help of the enforcement agency of the Transport Department will launch a vigorous drive for a week beginning 15.7.96 to see to it that not a single autorickshaw carries more passengers than what it is authorised to carry. All Police Constables on duty, whereever they are, will see to it that no auto rickshaw carries more than the number of passengers permitted by law. If any autorickshaw driver is found sharing his seat with any other passenger, the autorickshaw shall be seized immediately and' a prosecution be launched against the offender. The Superintendent of Police, Traffic, is present in court and he is directed to instruct all Constables on duty whereever they are to enforce this order rigorously. If we find that within a week the situation is not brought under control we shall direct the District Magistrate to set up mobile courts all over the city, and persons found disregarding the orders of this Court and the law shall be immediately prosecuted and in addition the District Transport authority may initiate proceeding to cancel the registration of the vehicles forthwith. We hope we do not have to resort to this extreme measure, but that can be avoided only if between 15th and 21st July 1996 the police authorities and the District Transport Authorities are able to bring the situation under control. No request by the autorickshaw unions for hike in fares on the ground that they are not allowed to carry passengers more than the number permissible under the law, shall be entertained because on this ground alone the passengers have been penalised in the past by enhancement of fares, though the autorickshaw drivers never thereafter obeyed the orders of this court against carriage of passengers in excess of the permissible limit. 3. Despite the fact that the roads have been divided into lanes, and at most of the crossings stop lines have been marked, the rule with regard to stoppage of traffic at the stop line is not being enforced. 3. Despite the fact that the roads have been divided into lanes, and at most of the crossings stop lines have been marked, the rule with regard to stoppage of traffic at the stop line is not being enforced. It is a common sight to see larger number of Police Constables posted at the crossings busy chatting with each other rather than taking their positions at the appropriate places to regulate the traffic. The Traffic Constables may be warned by the Superintendent of Police, Traffic, that in case they are found guilty of casual approach, or dereliction of duty, and it is found that no effort is made by them to regulate the traffic at the points where they are posted, they shall be suspended forthwith and disciplinary action may be initiated against them. All Traffic Constables and Police Officers are hereby directed to wear their name badge with number, and any police constable or officer on duty who refuses or fails to wear his name badgs will be proceeded against in accordance with law. This is absolutely necessary to identify the Police Constables and Officers who are guilty of dereliction of duty. 4. In the past we had passed orders for removal of beacon lights from the vehicles of those who are not authorised to affix them on their vehicles. We have earlier clarified the legal position after considering the notification issued by the State of Bihar. We find that the largest number of offenders are none other than the Senior Officers of the Police Department. We have clarified that orange beacon lights can be affixed to the vehicles of Inspector General of Police and higher police officials. Below them, only the Deputy Inspector General of Police and the Superintendent of Police of the district are authorised to affix orange beacon lights on their vehicles. Other officers equivalent to the rank of D.I.G. or equivalent to the rank of S.P are not authorised to use beacon lights. We direct all the Police Officers of the State of Bihar to remove the beacon lights from their vehicles if they are not authorised under the notification issued by the Government of Bihar to use such beacon lights. We are compelled to pass this order ourselves because the police authorities find it embarrassing to request their higher authorities to comply with the law. We are compelled to pass this order ourselves because the police authorities find it embarrassing to request their higher authorities to comply with the law. We expect the Police Officers to act in a dignified manner and show regard for the law of the land. Henceforth no police officer who is not an I.G. of police or who does not hold a higher post, and who is not D.I.G. (Range) or the S.P of the district, shall affix orange beacon light on the vehicles used by them. This direction does not apply to ambulance vehicles, pilot cars and patrol vehicles. 5. Similarly large number of vehicles are found with red beacon lights which are to be affixed to vehicles of the authorities mentioned in the notification. All the authorities mentioned in the notification are constitutional authorities, and no government servant is authorised to affix a red beacon light on his car. We have found that Settlement Officers, Block Development Officers, Managers of insurance Companies, Commissioners of Income Tax and Commercial Taxes etc. have been affixing red beacon lights on their vehicles. The Superintendent of Police, Traffic, who is present in court is directed to immediately remove the red beacon lights from all vehicles on which they have been unauthorisedly affixed and in doing so he will show no regard for any other consideration except the law. Similarly all boards affixed to the vehicles displaying the designation of the owner of the vehicles shall be removed unless those boards signify that the vehicle is a government vehicle and belongs to a particular department, or is a staff car meant for use by government officers. We have been noticing that some M.L.As. have affixed boards showing that they are members of the Legislative Assembly belonging to a particular party and representing a particular constituency. Such boards are unauthorised and illegal and must be removed from the vehicles forthwith. We also direct all persons who are unauthorisedly affixing red beacon lights on their cars to remove the same forthwith to avoid penal consequences. We make it clear that such beacon lights whereever authorised shall be affixed only on official vehicles and not an private vehicles, even if the private vehicle is owned by an authority who is authorised to use the beacon light on his official vehicle. We make it clear that such beacon lights whereever authorised shall be affixed only on official vehicles and not an private vehicles, even if the private vehicle is owned by an authority who is authorised to use the beacon light on his official vehicle. If beacon lights are affixed on private vehicles it will be impossible for the enforcing authorities to identify the vehicles on which they have been affixed unauthorisediy, because in the absence of the board which is affixed to official vehicles or staff cars, it would be difficult to stop each private vehicle to find, out whether it belongs to an authority authorised to use the beacon light. 6. The real bottle neck of Patna is the Bhattacharya Road, and we fail to understand why the government cannot take notice of this stark reality which causes inconvenience to lot of people who have to cross through this road to go to localities such as Kadamkuan, Rajendra Nagar etc. it was learnt many months back that a sum of rupees one crore and odd had already been deposited for the acquisition of the land so as to broaden the Bhattacharya road. So far no action has been taken. We are informed that instead of 90 feet width, the proposal made is limited to 50 feet width, which according to us will be wholly insufficient having regard to the volume of traffic that passes through the Bhattacharya Road. The delay is also not understandable, and despite our clear direction in para 9 of our order dated 9.2.96, we have not been informed about the progress made in the matter. The Advocate General submits that he will be able to give us more information on the next date of hearing. However, we direct the authorities concerned to see to it that immediate action is taken for broadening of the Bhattacharya Road and if any lethargy is shown by the Government authorities, they will only attract judicial interference, because this is a matter which no government can ignore. The Commissioner-cum-Secretary, Road Construction Deptt: and the District Magistrate, Patna, as also the Land .Acquisition Officer, Patna, are directed to file affidavits in this regard before the next date of hearing. So far as the removal of encroachments is concerned, learned counsel for the P.R.D.A states that 70% of work is over and. The Commissioner-cum-Secretary, Road Construction Deptt: and the District Magistrate, Patna, as also the Land .Acquisition Officer, Patna, are directed to file affidavits in this regard before the next date of hearing. So far as the removal of encroachments is concerned, learned counsel for the P.R.D.A states that 70% of work is over and. in 30% cases the work is yet to be executed, but in some cases on account of stay orders passed by this court the work is held up. He is directed to file a composite affidavit giving full particulars including the number of cases pending before this court in which stay orders have been passed. 7. We find that though various unauthorised structures were removed all over the city of Patna, large number of unauthorised structures exist adjacent to the Judges' entrance of this Court on the Bailey Road, and it seems that the District Administration has taken no notice of those structures which we notice every day. The District Magistrate, Patna, and the P.R.D.A will take immediate steps to remove the unauthorised structures which apart from giving a very shabby look, create a traffic hazard near the Judges' entrance. We have also noticed that in the Kadamkuan, Now Area, near the Hindi Sahitya Sammelan Bhawan a lot of vegetable vendors have blocked a major part of the road with the result that the traffic has to move at a snail's speed, apart from the heaps of garbage which attract a lot of cattle to the spot. All this results in great inconvenience to the public which uses that road. Adjacent to that some unscrupulous persons are raising structures attempting to connect two small temples which are located at a distance from each other. The structures are being raised gradually so as not to attract the attention of the authorities but despite the order of this court the authorities have not demolished the additional structures raised after this court, passed orders on this question. The District Magistrate is directed to take immediate steps in the matter and to clear that portion of the road, and remove the additional structures which are sought to be raised in an attempt to connect the two small temples, if the same is not authorised by the Government or other authorities competent to do so. 8. The District Magistrate is directed to take immediate steps in the matter and to clear that portion of the road, and remove the additional structures which are sought to be raised in an attempt to connect the two small temples, if the same is not authorised by the Government or other authorities competent to do so. 8. The directions that we have been making in this Public Interest Litigation are meant for implementation all over the State. May be that the directions are issued in relation to the city of Patna, but the same directions must apply to all cities in the State of Bihar. We, therefore, direct the Registrar General of this court to prepare photo copy of the entire order sheet of this case and send one copy to the Chief Secretary, Government of Bihar, for communication to all District Magistrates who shall communicate the orders to the concerned district authorities, who are hereby commanded to comply with the orders and directions as soon as possible. Encroachments from public land, roads and flanks of the roads must be removed in the first instance followed by removal of unauthorised structures whereever they are by the competent authorities. This should be followed by cleaning up of the drainage system and sewage system. We direct all the District Magistrates to submit a report as to the action taken by them on or before 26th August 1996. 9. Let a copy of this order be given to the Advocate General so that he may communicate the same to the concerned authorities including the Chief Secretary and the Secretary, Department of Roads, Government of Bihar. A copy of this order be also given to the learned counsel appearing for the P.R.D.A Let this matter come up again on 26th July, 1996 for further directions. Order dated 26.7.1996 10. An affidavit has been filed on behalf of the District Magistrate, Patna, and the District Land Acquisition Officer, from which it appears that considerable progress has been made with the proposal of acquisition of land to widen the R. K. Bhattacharjee Road. In our order dated 12.7.1996 we had observed about the provision in the Master Plan for widening the R.K. Bhattacharjee Road to 90 feet width, and we had directed the administration to explain why the acquisition was of land which will provide only for a road with lesser width. In our order dated 12.7.1996 we had observed about the provision in the Master Plan for widening the R.K. Bhattacharjee Road to 90 feet width, and we had directed the administration to explain why the acquisition was of land which will provide only for a road with lesser width. It has been explained to us today in the affidavit that the proposal presently is for widening the road to the extent so that it had width of 50 feet, which is the same between Dak Bungalow Road and Exhibition Road. Under the Draft Master Plan there is a provision of 90 feet road, but that can be considered in future. Presently considerable amount has to be deposited for the acquisition of the land, and if any further amount is required to be deposited, it may adversely affect other projects which are of equal significance. We appreciate the stand of the administration, and we do not insist that immediately the road has to be widened to the extent of 90 feet, but it goes without saying that having regard to the provision in the Draft Master Plan, no construction activity will be allowed of the land which is provided in the Draft Master Plan for widening of the road. This Court has in the earlier judgment (C.W.J.C. No. 1063 of 1996, disposed of on 17.2.1995) explained the position in law, and does not require any further elucidation today. 11. Another affidavit has been filed on behalf of the Commissioner-cum-Secretary, Road Construction Department, Government of Bihar. This also deals with widening of Bhattacharjee Road, and it is not necessary to deal with the subject any further. We have no doubt that the authorities will proceed with the acquisition proceedings which have reached a final stage and take immediate steps to execute the same. Further acquisition for widening the road for making it 90 fact wide will be taken in due course when considered necessary. 12. Mr. Roy Shivaji Nath appearing on behalf of some of the owners and tenants of the shops on Bhattacharjee Road, has filed a caveat, and, according to him, there is no need immediately to broaden the road to the extent of 90 feet and the width of 50 feet may be sufficient. 12. Mr. Roy Shivaji Nath appearing on behalf of some of the owners and tenants of the shops on Bhattacharjee Road, has filed a caveat, and, according to him, there is no need immediately to broaden the road to the extent of 90 feet and the width of 50 feet may be sufficient. In view of the proposal of the Government to acquire land so as to widen it to the extent of 50 feet only, the grievance of the caveators does not survive. As and when in future further acquisition is considered necessary, the same will be done in accordance with law, and the caveators will have an opportunity of raising this question at that time. 13. There is then a report from the Superintendent of Police, Traffic, which has detailed the various actions taken by him for enforcement of traffic rules. It has been stated that the police authorities are not competent to check overloading under the Motor Vehicles Rules. The District Transport Officer had informed us on the earlier occasion that he does not have the necessary infrastructure to implement the Motor Vehicles Rules. That should not be a reason for non-implementation of the Rules. 14. We, therefore, direct that the District Transport Officer with the help of Superintendent of Police, Traffic will enforce the traffic rules, and if necessary, the District Transport Officer will depute an officer from his office to supervise the checking of overloading of vehicles. We are otherwise satisfied with the progress made by the traffic police. We remind them that this process must go on till such time it achieves a certain level of success. In our view, the drive should continue for some time. 15. An affidavit has also been filed on behalf of the Bihar State Electricity Board. A. Committee had been appointed under the Chairmanship of District Magistrate to identify the poles which required to be removed as also the equipment of the Telephone Department. Our order dated 1.8.1995 deals with this aspect of the matter. Counsel for the Electricity Board submits that as and when directed they had removed the poles, and that they will continue to do so. The District Magistrate is directed to take necessary steps in this direction. 16. Our order dated 1.8.1995 deals with this aspect of the matter. Counsel for the Electricity Board submits that as and when directed they had removed the poles, and that they will continue to do so. The District Magistrate is directed to take necessary steps in this direction. 16. So far as removal of encroachment is concerned, counsel for the Patna Regional Development Authority submits that in many localities encroachments have been removed from the public land and unauthorised structures have also been removed. However, he admits that in several localities though the offending portions of the strictures have been marked, they have not been removed. Any resident of the city will notice that in many areas such markings are there, but while in some cases the offending structures have been removed, in others they have not been removed. This sometimes creates an impression that the law is not being enforced with even hand, and we do not wish that the citizens of this city should get an impression that a person by reason of high office or position in society can avoid the law, while others not so placed, must suffer the rigours of law. We, therefore, direct the Patna Regional Development Authority to submit to us a complete list of cases where stay may have been passed in regard to such unauthorised or illegal structures. It will also give to us a scheme block-wise covering the entire city, so that we can fix the date during which removal of encroachment can be made within a specified period with prior notice to the residence of the locality, so that many of them, who wish to voluntarily remove the encroachment made by them may do so without the indulgence of the P.R.D.A It is stated that in many localities the residents have themselves removed the encroachments on the request of the P.R.D.A and we view this as an encouraging sign. 17. Though the traffic police is doing its best to improve the traffic condition in the city of Patna but there still appears to us that there is no clear demarcation of lane on the road for slow and fast moving vehicles with the result that the main part of the road is sometimes occupied by slow moving vehicles, such as rickshaw, cycle, Tonga etc. and thereby preventing free flow of traffic, because a slow moving vehicle may create a situation where a traffic jam may be caused Many accidents also take place on account of slow moving vehicles moving in the middle of the road. The traffic police must divide the roads into lanes, so that one part of the road is open to fast moving vehicles while the other part is reserved for slow moving vehicles. This will avoid accidents which take place on the roads in Patna. 18. The other point which we wish to bring to the notice of the traffic authorities is the fact that public vehicle carrying passengers, namely, Buses and Autorickshaws (Tempos) stop at almost all places in the absence of clear demarcation for them to stop their vehicles only at the authorised Bus Stand/Tempo-Stand. The result is that in their anxiety to get customers there is a race between them, and vehicles are stopped at almost every point causing dislocation of traffic on the road. This is particularly so near the railway station and near the Ashok Raj Path Gandhi Maidan crossing. The Bus-Stnad and the Tempo-Stand should be clearly demarcated, and the bus driver or the tempo owner should be allowed to take up passengers from no point other than the Tempo Stand/Bus Stand. Their tendency to bring their vehicles close to the exit point of railway station etc. create a traffic jam and a virtual bottleneck at the entry point of railway station and other public places. This must be avoided. Our earlier Order dated 30-9-1994 while issuing direction for removal of encroachment, made the S.H.O (officer-in-charge) of the local police station responsible for seeing to it that once the encroachments are removed, the public land, roads etc. are not again encroached upon by the same encroachers or others. They were made personally responsible to see to it that such encroachments did not take place, and they were warned that if they failed to do so, they will be answerable to this Court under the Contempt of Court Act. are not again encroached upon by the same encroachers or others. They were made personally responsible to see to it that such encroachments did not take place, and they were warned that if they failed to do so, they will be answerable to this Court under the Contempt of Court Act. In view of what we find around us, we in the first instance summon the officer-in-charge of S.K. Puri Police Station, Kadamkuan Police Station, Budha Colony Police Station and Kankarbagh Police Station to appear before this Court on 19th August, 1996 to answer the charge under the Contempt of Court Act, since we find that in the Kankarbagh area the Khatals, which had been removed from near the school reappeared and in the Kadamkuan area near the Sahitya Sammelan the area has been encroached and which had been cleared earlier, and in the S.K. Puri-Boring Road area a large number of persons have again occupied the road flanks and started shops and Khatals even at the points which were got cleared of encroachments. We will get the matter surveyed throughout the city, and if need be, summon other Officer-in-charge to answer the charge of contempt of court. 19. List on 19th August, 1996. 20. Let a copy of this order be given to Additional Advocate General No. 2 so that he may be able to get photo copies of the order supplied to others.