In The Matter Of News Item Published In The Times Of India, Patna Edition v. State Of Bihar
2009-08-05
ANJANA PRAKASH, SHIVA KIRTI SINGH
body2009
DigiLaw.ai
JUDGEMENT 1. The materials on record, which include a communication to this court by a retired Judge and several press reports submitted on behalf of the Adhiwakta Sewak Sangh, fully demonstrate that even the main roads of Patna Town are suffering from large scale temporary encroachments, mostly by petty vendors selling vegetables and other items. It is also clear that neither there is any policy to take care of such encroachments or to provide alternative sites for sale of essential items like vegetables or to solve problem of absolute lack of parking space in the town. Without a policy there cannot be any effective implementation of the directions of this court to remove encroachments and make the roads including flanks available for vehicular traffic and pedestrian movement. 2. The number of accidents causing death and injuries to citizens is considerable and has been on the rise as appearing from various reports available on record. 3. In the aforesaid background, it is essential that the concerned officials of the State of Bihar, particularly, those at the highest level should sit together and evolve a policy so that roads are made available for vehicular traffic and pedestrian traffic. No leniency can be shown to petty vendors when such leniency results in death of citizens and serious injuries on account of road accidents. If any leniency is required by way of a policy, it should be by providing alternative sites to the vendors. Making the roads free of temporary encroachments or in some cases even permanent encroachments may also help in solving the problem of lack of parking space in the City of Patna. That problem may require further deeper consideration so that suitable sites are selected and municipal parking spaces are created by way of underground parking or multilayer parking at suitable places. Only after proper policy formulation, the order of this court to make the roads and footpaths free of encroachments can be effectively carried out and encroachments can be prevented from recurring again and again. 4. In that view of the matter, we direct the Director General of Police, Bihar, the Secretary, Urban Development Department, Government of Bihar, and the Municipal Commissioner/Chief Executive Officer of the Patna Municipal Corporation to associate themselves with the task of formulating a proper policy for the aforesaid purpose.
4. In that view of the matter, we direct the Director General of Police, Bihar, the Secretary, Urban Development Department, Government of Bihar, and the Municipal Commissioner/Chief Executive Officer of the Patna Municipal Corporation to associate themselves with the task of formulating a proper policy for the aforesaid purpose. For this, the Chief Secretary, Government of Bihar, will issue necessary directions and make one of the officials responsible to coordinate the meeting of the aforesaid officials and, if they like, of some other junior officers such as Superintendent of Police (Traffic) etc. This court would like the concerned officials to place before this court a comprehensive policy plan in the light of this order at an early date preferably within three months. 5. It goes without saying that if some interim relief can be granted to the citizens of this town as a result of deliberation by those officials then such interim measures may be executed in the meantime to take care of rising road accidents. Cranes etc. may be used to prevent unauthorized parking at important points on the roads. 6. Put, up this matter under the same heading after three months among the first ten cases. On that date a plan may be formulated for creating an effective machinery for execution of the approved policy. 7. Let a copy of this order be handed over to learned counsel for the State Mrs. Nilu Agrawal, who will ensure that further copies of this order are made available to the counsel for the Patna Municipal Corporation, who will inform the concerned authorities of the Corporation that they are now parties in this public interest litigation and should appear on the subsequent date.