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Rajasthan High Court · body

2014 DIGILAW 2024 (RAJ)

Ashok Swami v. State of Rajasthan

2014-12-05

J.K.RANKA, SUNIL AMBWANI

body2014
JUDGMENT : 1. The writ petition was filed by one Ashok Swami, with the prayers, as follows :- “It is, respectfully prayed that this petition may kindly be allowed and the respondents may kindly be directed to turn the traffic of heavy vehicles through B-2 Bye Pass. It is further prayed that the respondents may kindly be directed to not allow the heavy vehicles through the Sanganer Town. Cost of the present petition may kindly be awarded in favour of the petitioner.” 2. On 28.11.2011, this Court disposed of the writ petition with the following directions:- “(i) B-2 Bye Pass Road will be opened for heavy traffic and respondents will permit heavy vehicles traffic to pass through B-2 Bye Pass Road within two months and there will be no entry of heavy vehicles (except Buses of R.S.R.T.C. and Government vehicles with prior approval of the Board) from Gopalpura Bye Pass and Sanganer Town after two months. (ii) Improvement of road portion from Tonk Road to Shipra Path by constructing service road and improvement of slip lane by the Jaipur Development Authority will be done within a period of two months. (iii) Improvement work of Dwarka Das Path, which includes widening of road, strengthening and construction of service road, slip lane and street light work by Jaipur Nagar Nigam will be done within a period of two weeks. (iv) Encroachments on Dwarka Das Path or disputed place/area should be cleared jointly by the Rajasthan Housing Board and Jaipur Nagar Nigam within a period of fifteen days. (v) Necessary permission for cutting trees, as suggested in the Board meeting, will be granted by the Collector, Jaipur within seven days. (vi) Jaipur Vidhyut Vitran Nigam Limited will shift or remove the electric lines from the road in question in consultation with Jaipur Nagar Nigam within two months. (vii) A separate proposal for widening of underpass should be sent to Railway and needful in the matter will be done by the concerned Department, at the earliest. (viii) A decision on the proposal sent by the State Government to construct an elevated road under BRTS Project will be taken by the Government of India within a period of three months. (ix) In any case, B-2 Bye Pass Road will be allowed to pass heavy vehicles within two months i.e. with effect from 28.01.2012, irrespective of the fact whether any work is completed fully or not. (ix) In any case, B-2 Bye Pass Road will be allowed to pass heavy vehicles within two months i.e. with effect from 28.01.2012, irrespective of the fact whether any work is completed fully or not. No heavy vehicle will be allowed to ply on Gopalpura Bye Pas and Sanganer Town with effect from 28.01.2012.” 3. Aggrieved by the directions, SFS Resident's Devt.Sty., Jaipur filed Special Leave to Appeal (Civil)...../2012 CC 786/2012 alleging that they were not heard in giving directions, which have caused serious problems to the SFS Resident's Devt.Sty., Jaipur. 4. The Special Leave to Appeal was disposed of by Hon'ble Supreme Court on 24.2.2012, with the directions to the High Court to re examine the entire issue relating to the traffic movement on the subject stretch in the light of the report produced before Hon'ble Supreme Court, and/or any other material that may be placed before it. The High Court was also required to grant an opportunity of hearing to the petitioner. 5. In compliance of the order passed by Hon'ble Supreme Court, a Division Bench of this Court passed the following order on 9.11.2012:- “(1) with respect to construction of Ring Road, the State of Rajasthan & other respondents are not opposing construction of the Ring Road to resolve the problem of heavy traffic in Jaipur Metro area. However, dispute is on that how much time is required to complete the Ring Road project. There are certain disputes with respect to link of the Ring Road and taking possession of land etc. Mr. Raj Kumar Sharma, Superintending Engineer, JDA has submitted that the contract has been given to a contractor to complete the work of Ring Road Project within a period of two years; let the dispute of link of Ring Road and possession of land etc. Mr. Raj Kumar Sharma, Superintending Engineer, JDA has submitted that the contract has been given to a contractor to complete the work of Ring Road Project within a period of two years; let the dispute of link of Ring Road and possession of land etc. be resolved within a period of three months from today and the construction of Ring Road be completed within a period of two years from today as contract has been given to a contractor to complete the work of Ring Road Project within a period of two years; (2) with respect to improvement of road in the stretch of Dwarkadas Marg and New Sanganer Road, six lane road is to be constructed; sum of Rs.13.60 crores has been sanctioned for widening of B-2 Bye-pass in the six lane which includes the aforesaid stretch also; the construction of service lane will also be completed on both the sides of the roads including widening of the six lane road within a period of six months from today; (3) with respect to Zebra crossing on the Dwarkadas Marg of pedestrians of two locations, it is submitted by Mr.Raj Kumar Sharma, Superintending Engineer, JDA, Jaipur that he shall do the needful within a period of fifteen days and the traffic signals will be placed within a period of one month from today; (4) with respect to the BRTS project, as prayed by Mr.Raj Kumar Sharma, Superintending Engineer, JDA, the same shall be completed within a period of six months from today; (5) With respect to the trees which have been cut, as agreed, five times of trees are required to be planted; let the plantation of five times of trees be made by Horticulture Wing of JDA within a period of six weeks from today and the planted trees shall be looked after by Horticulture Wing of JDA, as agreed; (6) with respect to the construction of “elevated road” over the entire Dwarkadas Marg to meet out the future traffic problems which are expected due to development of Prithviraj Nagar and the manifold increase of the traffic in the Dwarkadas Marg near Tonk Road, the same is pending consideration before the Ministry of Urban Development, Government of India and in case, no decision has been taken so far in this regard; let the decision be taken in this regard within a period of three months from today and the Court be intimated in this regard; (7) with respect to the foot over-bridge with escalator facilities for approaching the Dwarkadas Marg which has not been sanctioned. The proposal to install foot over-bridge will be considered in the light of decision to be taken by the Ministry of Urban Development, Government of India with respect to elevated road; let the aforesaid aspects be considered in case there is refusal to construct elevated road by the Ministry of Urban Development, Government of India; (8) with respect to light arrangements on the roads; it is ordered that let the proper light arrangements be made within a period of six weeks from today.” 6. The Court disposed of the applications, in terms of the directions, and directed the matter to be listed after three months. 7. A large number of compliance reports have been filed, which will demonstrate that the State Government is conscious of its obligations, but that, there are several practical problems, such as, intervention of the High Court in Ring Road project, and the availability of the funds for construction of elevated road over entire Dwarkadas Marg and of foot over-bridge with escalator facilities 8. The writ petition stood disposed of on 28.11.2011, after detailed directions, in respect of which Hon'ble Supreme Court had directed the appellant before it, to be heard by the High Court. Now since the Court had heard the appellant, and passed orders, with which they have grievance, the question of compliance may not allow the proceedings to be pending indefinitely. 9. We do not propose to monitor the directions issued by this Court, indefinitely. The writ petition has in fact been disposed of, except for the interest of the appellant before Hon'ble Supreme Court, which has been taken care of in the directions issued on 09.11.2012. 10. In view of the compliance reports filed by the State Government, we do not propose to keep the matter pending in this Court any longer. In any case, we do not propose to monitor the directions indefinitely, so long, as the Government is conscious, and is complying with the directions, subject to its financial constraints, and the demands of traffic arrangements in the city of Jaipur. 11. The writ petition filed in public interest and all the pending applications are disposed of, finally. A copy of this order will be placed in the connected file.