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2006 DIGILAW 43 (JK)

All India Taxi Sumo, J&K v. State Of J. &K.

2006-03-20

B.A.KHAN, J.P.SINGH

body2006
1. Fresh status reports have been filed by DIG Traffic, Director CA&PD, Special Mobile Magistrate Traffic, Jammu and District Mobile Magistrate, Traffic, Kathua. No such reports have been filed by Divisional Commissioner Jammu or any of the departmental heads who were granted time vide the last Court order to file detailed reports on whether their vehicles were holding the Pollution Under Control certificates and fitness certificates. The directions of the Court in this regard have gone abegging, of which serious note is taken. 2. The DIG, Traffic, Jammu, has submitted, in his report, that a regular post had been set up at Kathua, headed by an Inspector of Traffic Police and as many as 17,650 vehicles were checked at Kathua from 17.2.2006 to 5.3.2006, out of which 153 vehicles were pushed back for non-possession of fitness/Pollution Under Control certificates. Similarly, 12,565 vehicles were checked from 21.1.2006 to 5.2.2006 for use of shrill/pressure/double multi tone horns and out of these, 3,041 erring drivers, which include 61 Government/departmental vehicles, were challaned, which include both commercial and non-commercial vehicles, and in compliance to the Court orders all such seized horns were destroyed in public view on 25.2.2006 at Bikram Chowk, Jammu. He has also stated that SSP Traffic, Jammu, has undertaken rationalization of routes in Jammu City on experimental basis and traffic signboards had also been installed. According to him, as many as 6,574 vehicles were checked for fitness certificates out of which 281 vehicles were challaned, which include 15 Government vehicles also and for `No Entry, 908 vehicles were challaned which include 19 Government vehicles also. Like wise, 21,343 vehicles were checked for possession of Pollution Under Control certificates, out of which 1,683 vehicles were challaned, which include 107 Government vehicles of various departments including 12 of Police department. He has also claimed that licence of 4 vehicles was suspended after their Pollution Under Control certificates were found not in order and simultaneously 4 FIRs were registered with concerned Police Stations against the operation of these Centres. It is also stated that 263 vehicles were challenged for using horns in "No Horn Zone". 3. He has also claimed that licence of 4 vehicles was suspended after their Pollution Under Control certificates were found not in order and simultaneously 4 FIRs were registered with concerned Police Stations against the operation of these Centres. It is also stated that 263 vehicles were challenged for using horns in "No Horn Zone". 3. The Director CA & PD has submitted, in his report, that the matter relating to the establishment of CNG infrastructure was taken up with Secretary Petroleum and Natural Gas, Shri S.C.Tripathi, who was apprised of the Court order and so was the Chairman GAIL and its director marketing Dr. U. D. Choubey contacted to advise the State Government as to how to proceed in creating this infrastructure, but their reply was awaited. 4. We have heard the Transport Commissioner, the Vice Chairman of the Jammu Development Authority and the Joint Commissioner, Municipal Corporation, Jammu, on the steps taken by their departments in reference to the status reports filed by them in compliance to the Court order dated 15.3.2006. The Transport Commissioner has frankly conceded that steps taken so far in compliance to Court orders have not made any significant impact on the ground nor had the efforts for setting up of CNG infrastructure made any headway. He has, however, submitted that three Mobile testing centres were being set up and so was the up-gradation of upto 5 gas level being undertaken within three months. According to him about 90% of the Pollution Testing Centres had already come up and the remaining were being commissioned within one week and care was being taken to ensure that they are well equipped in according with the norms. He also submitted that Regional Transport Officers had undertaken a census of un-registered vehicles and that RTO Jammu had found only 772 vehicles un-registered of which 82 were seized. 5. The Vice Chairman of Jammu Development Authority has claimed that he was going ahead with all his proposals/projects and in accordance with the directions passed by the Court and the time frame fixed by it. He submitted that JDA had already developed a parking lot at City Chowk for about 70 Cars and that the Bus Stand at Ploura was also being taken up along with the Bus Stand at Khanpur Nagrota, for which tenders for idle parking stand already issued. He submitted that JDA had already developed a parking lot at City Chowk for about 70 Cars and that the Bus Stand at Ploura was also being taken up along with the Bus Stand at Khanpur Nagrota, for which tenders for idle parking stand already issued. He, however, submitted that he was still awaiting for the sanction of the Government for 200 hectares of land, which had been identified for shifting of Ware House and Transport Nagar. 6. The Joint Commissioner, Municipal Corporation, Jammu, has also given an account of the steps taken by him for clearance of encroachments on the pavements and pathways in some selected areas under its phased programme. He has acknowledged the co-operation being rendered by the policed and other agencies and undertaken to carry forward its clearance programme in the days to come. 7. The SSP Traffic has also filed a revised affidavit undertaking that he would be personally responsible for non-compliance of Court directions. 8. Mr. D.C.Raina, senior counsel appearing in support of the public cause has made various suggestions and sought directions to ensure that public is saved from inconvenience, traffic hazards and official in-action. Learned advocates appearing for the official respondents, too on their part, suggested that some measures be ordered to be taken by the official authorities in the interest of public good. 9. We have considered the submissions of learned counsel for the two sides as also the submissions of officials, who have submitted their respective status reports. We consider it appropriate to issue following additional directions to meet the public interest. These directions are as follows:- 1. Both RTOs at Jammu and Srinagar shall issue a public notice in print and electronic media, inviting public complaints qua their functioning relating to the registration of vehicles and issuance of the driving licences. They shall inform the public through these notices that their applications for registration and licences would be decided within a specified time frame and that they would have a right to lodge complaints against any of their officials for any delayed or irregular action. They shall inform the public through these notices that their applications for registration and licences would be decided within a specified time frame and that they would have a right to lodge complaints against any of their officials for any delayed or irregular action. They may inform the passenger bus/Matador/City passenger carriage owners/operators that the statutory authorities would perform their statutory duties for taking such action as is permissible in law, relating to cancellation of route permits and licences whenever any violation is found established in their resorting to extra seating capacity/extra load, in their carriages, violating the provisions of laws in force without any loss of time. 2. Both RTOs along with the ARTOs in the districts shall prepare and maintain a register of the driving licences and Registration certificates issued by them. They shall undertake the computerization of their records in this regard within three months from receipt of this order and submit copies thereof to the Transport Commissioner for opening up a State Register. 3. All agencies/statutory authorities/forums shall ensure strict enforcement of the provisions of the Motor Vehicles Act, 1988 and shall take such appropriate action, as is permissible under law, without any remissness, compassion or laxity in dealing with the violators of the provisions of Motor Vehicles Act and rules framed there under. The Transport Commissioner shall prepare and maintain a State Register of driving licences and registration of motor vehicles, in which entries shall be made regarding any punishment imposed by the authorities under the Motor Vehicles Act or by the Magistracy, for taking follow up action on the basis of such convictions/punishments. The Transport Commissioner shall take steps within a period of two weeks and call upon all RTOs to submit their quarterly statements to up date this Register, in accordance with laws in force in the State. 4. Authorities dealing with the violations of Motor Vehicles Act are also directed to maintain requisite registers to keep record of the punishment/convictions awarded by Special/Additional Mobile Magistrates, so as to forward them to the concerned authorities for taking all permissible actions under the Motor Vehicles Act, against such violators. 5. 4. Authorities dealing with the violations of Motor Vehicles Act are also directed to maintain requisite registers to keep record of the punishment/convictions awarded by Special/Additional Mobile Magistrates, so as to forward them to the concerned authorities for taking all permissible actions under the Motor Vehicles Act, against such violators. 5. By order dated 3.2.2006 the two Divisional Commissioners of Jammu and Kashmir were required to set up grievance cells to invite public complaints on the regulation and management of traffic and later the Court was informed of setting up of these cells and non-receipt of any worthwhile complaint. This, we are told, was because the two Divisional Commissioners had failed to give any publicity to the Court direction in the media in this regard as a result of which no significant number of complaints could be received by the grievance cells, which are said to have been established both at Jammu and Srinagar. Both the Divisional Commissioner are, therefore, directed to take necessary steps for undertaking a publicity campaign in both Divisions, through print and electronic media, to inform people in general that they could file their complaints with the respective cells and also give their suggestions for better improvement of traffic management and regulation in the State. 6. The Divisional Commissioner, Jammu, is directed to set up a Committee, comprising SSP Traffic, Jammu, RTO, Jammu and a representative each of JDA, Jammu Municipal Corporation and the Town Planner, for identifying Bus bays and Bus and matador stops in Jammu City, on which steps will be taken by the Vice Chairman, JDA/Commissioner-Jammu Municipal Corporation for developing such bays/stops. 7. We are also informed that JDA and the Municipal Corporation had not been able to resolve their dispute about removal of Kiosks at Purani Mandi Jammu and the Corporation had sought review of the Advisory Committees decision in this regard. Ten days time is granted in this regard to the Advisory Committee to resolve this dispute now to enable the JDA to proceed with the proposed parking places. 8. All concerned functionaries of the government are directed to process the case of JDA for acquiring 200 hectares of land situate at village Mohal and Gupwal of Tehsil Samba. It is hoped that the requisite sanction for this acquisition would be considered for its grant within two months from receipt of this order. 9. 8. All concerned functionaries of the government are directed to process the case of JDA for acquiring 200 hectares of land situate at village Mohal and Gupwal of Tehsil Samba. It is hoped that the requisite sanction for this acquisition would be considered for its grant within two months from receipt of this order. 9. We are told that plan for increasing the strength of traffic police is pending with the government for the last one year or so. The High Level Committee, set up pursuant to orders passed by this Court, is directed through Chief Secretary to examine this plan and to seek governments approval for this within two months from receipt of this order. 10. The Chief Engineer, Public Works Department, is granted two weeks time to raise the barricades at various points, as identified by the traffic department. 11. By Court order dated 3.2.2006 we had directed the in-charge traffic Army and the Director Generals of BSF and CRPF to ensure that the vehicles run by their Forces possess the requisite Pollution Under Control certificates and fitness certificates and that the drivers of their fleets are advised to subject themselves to the traffic checks. No worthwhile response has been received from these authorities so far. We are, accordingly, left with no option but to re-direct the GOC Northern Command, HQ 26 Inf. Division, GOC, 16 Core, GOC, 10 Inf. Division, Core of Military Police -- all C/O 56 APO, to take steps to comply with the Court directions and to ensure that their fleet of vehicles possessed Pollution Under Control and fitness certificates and did not use shrill/pressure/double tone/multi tone horns. The Director General of B.S.F and C.R.P.F are also directed to show compliance of the Court directions in this regard. Court notice shall go to them in this regard for seeking compliance of the Court order. List on 6.4.2006.