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2015 DIGILAW 1172 (MP)

ABHISHEK S/O. SHRI HARISH GILKE v. STATE OF M. P.

2015-11-16

S.R.WAGHMARE, SUJOY PAUL

body2015
ORDER : S.R. Waghmare, J. The petitioner Abhishek Gilke has filed the Public Interest Litigation (PIL) on the basis of the newspaper cutting dated 04.04.2015, whereby deceased Vishal Mandloi, aged 30 years old Engineer being caught in a Traffic jam had to lose his life. 2. It has been alleged that the respondent Administrative Officers of the State Government of M.P. did not take appropriate corrective measures and the appropriate directions be issued. Respondent Authorities be directed to ban processions which resulted in Traffic Jam and appropriate compensation be paid to the widow of Late Shri Mandloi. The petitioner has prayed for a compensation of sum of Rs. 25 lacs. Petitioner has also prayed for writ of mandamus to be issued; besides registering a criminal offence against the erring officials for causing death of Shri Mandloi. 3. The Petitioner (present in person) has vehemently urged the fact that on 29.03.2015 Shri Vishal Mandloi residing at Snehlata Ganj suffered serious heart pain and wanted to be taken to the Cloth Market Hospital and engaged an Auto Rickshaw. When the Auto Rickshaw reached on Jawahar Marg, there was a procession coming from near the Gangwal Bus-stand and the Auto Rickshaw got caught in the Traffic Jam and there were thousands of people in the procession and despite request, nobody aided the wife to tackle the problem and for almost one hour the victim was battling for his life and when they reached the Hospital, he was declared brought dead. Reading the news paper dated 4.4.2015, the petitioner who is 21 years old, student has raised an important public issue and hence has filed the present petition. There is also an application under Order 1, Rule 10 filed by the wife of the deceased Smt. Richa Mandloi to be added as a party respondent which has been allowed. 4. Petitioner has vehemently urged the fact that the statements of the wife and the father-in-law have been recorded by the police authorities. The wife has also been added as respondent No.4 and Petitioner prayed that the appropriate relief be granted to the respondent No.4 and appropriate directions and the writ be issued to the respondent Government officials. 4. Petitioner has vehemently urged the fact that the statements of the wife and the father-in-law have been recorded by the police authorities. The wife has also been added as respondent No.4 and Petitioner prayed that the appropriate relief be granted to the respondent No.4 and appropriate directions and the writ be issued to the respondent Government officials. Petitioner has relied on a decision of the Odisha High Court at Cuttack in the matter of Chambara Soy v. State of Orissa and others [ 2009 ACJ 1837 ] in which the right to move freely and right of protection of life and personal liberty were required to be protected under Section 19(1)(d) and 21 of the constitution of India. And when the death was due to delay in reaching the hospital due to road blockage, the Court had held that the State was liable to pay compensation to the family members of the deceased student of I.T.I. and the Court had held that it will be open to the State to recover the amount from those who were involved in blocking highway. Petitioner prayed that the same directions be issued in the present petition also. 5. Counsel for the respondent-State per contra has opposed the submissions by filing reply. It has been stated that although the criminal case was being demanded to be registered against the responsible officials, besides payment of compensation of Rs. 25 lacs to the family members of the deceased Vishal Mandloi, the present petition is not maintainable since it has been filed on the basis of newspaper cutting without verifying the facts. The deceased Vishal Mandloi complained of serious heart pain and was being taken to the Cloth Market Hospital in Auto-rickshaw and was caught in the Traffic jam at Jawahar Marg. The procession coming from Gangawal Bus-stand prevented the patient from reaching the hospital in time and he was declared brought dead. However, on the same day, no permission was granted by the Office of the S.P. in terms of the resolution dated 19.08.2014 and special permissions are required to be taken by the Organizers and the application has to be given one month prior to the occasion and thus the processions are banned from certain important routes. However, on the same day, no permission was granted by the Office of the S.P. in terms of the resolution dated 19.08.2014 and special permissions are required to be taken by the Organizers and the application has to be given one month prior to the occasion and thus the processions are banned from certain important routes. Besides the statements recorded by the police of Smt. Richa the wife of deceased and the father-in-law, indicated that when they reached the Bombay Bazar Chouki, certain School buses were parked in the road as a result of the Traffic jam. They were stuck in the Traffic jam only for 10-15 minutes by then it was too late and the husband had succumbed to the heart attack. The hospital record also indicated that the patient was in hospital for one hour and none of the Heart Specialists had come to the Hospital within the same time. Counsel vehemently urged that there was no negligence on the part of the respondent authorities. Counsel for the respondent-State has also submitted that the respondent Authorities are not responsible for the death of Shri Mandloi. Per Contra Smt. Richa Mandloi the respondent No.4 by filing reply has however stated that the sad death of respondent husband occurred due to being caught in the Traffic jam and almost one hour was spent in the Traffic and she has reproduced several papers to indicate that her husband deceased Vishal Mandloi was 39 years old, Hardware Engineer working in Cash Construction Company, Pithampur and drawing Rs. 18,000/- per month as salary and she has claimed compensation of her husband death being as a direct result of the mismanagement of the Traffic by the respondent Government Officers. Annexure R/2 is a copy of the letter addressed to her by the Chief Minister and was widely published in the newspapers, whereby the Hon'ble Chief Minister Shri Shivraj Singh Chouhan had directed that the administration and the members of the Public at large not to repeat the mistake in future to prevent re-occurrence of such tragedy and Collector, Indore was directed to grant assistance to her. 6. On considering the above submissions and the record, we find that the just cause has been raised by a student of law. The traffic jams in the growing metropolitan cities are a question of perennial concern and a burden on the communities as in the present case. 6. On considering the above submissions and the record, we find that the just cause has been raised by a student of law. The traffic jams in the growing metropolitan cities are a question of perennial concern and a burden on the communities as in the present case. It has not been established that the death had occurred directly as a result of the procession since no details have been forthcoming. However in the interest of justice, the petition can be disposed of with a direction to the respondents-State Authorities to see that the guidelines issued by order dated 19.08.2014 by the Additional District Magistrate, Indore shall be strictly adhered in the matter of any procession being taken out in the busy routes of Indore. The Court expects strict compliance of the said order. Any deviation in future shall be viewed seriously. However, in the present case regarding respondent No.4, it is directed that the respondent Collector to immediately look into the matter and award proper compensation to the deceased widow Smt. Richa Mandloi in terms of Annexure R-1 filed by respondent No.4 and as recommended by the Hon'ble the Chief Minister render all assistance in this regard. It is also expected that the appropriate relief shall be afforded to the respondent No.4 within a period of 3 months from the date of this order. At this stage we also appreciate the valiant effort made by a student of law as a responsible citizen of Indore and also make a request to the General Public that such negligence should not re-occur and it should be more sensitive to the critical cases of such nature and priority should be given to such patients in the Traffic. The police Department is also directed to remain alert in this regard. Cost of Rs. 3,000/- be paid to the petitioner if certified by the respondent-State. 7. With the aforesaid observations and directions the petition is partly allowed to the extent herein above indicated. 8. Cc as per rules.