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2015 DIGILAW 69 (HP)

Dharam Pal Thakur v. State of Himachal Pradesh

2015-01-09

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN

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JUDGMENT : Mansoor Ahmad Mir, J. This Court, after taking cognizance of the cause projected by the writ petitioner in the petition, which is of the great public importance and related to the beauty of the Mall Road-Shimla City, passed directions contained in order, dated 22nd July, 2014, and the respondents were directed to do the needful and comply with the said directions. 2. The respondents filed status reports/compliance affidavits, which were considered on 17th September, 2014, and was slated for orders on 22nd September, 2014. 3. After examining the status reports and the other documents, observations were made that the respondents have not complied with the directions in letter and spirit and the status reports were not in tune with the directions passed from time to time read with the directions passed by this Court in CWPs No. 1916 of 2009 and 7784 of 2010. Command was issued to the respondents to do the needful in terms of the directions contained in the order, dated 22nd September, 2014, which runs in 26 paras, read with the earlier orders. 4. The respondents filed status reports. The Court recorded its dissatisfaction and made further directions in addition to the directions contained in the said orders, vide order, dated 10th November, 2014. 5. We have examined the entire file, perused the status reports filed from time to time and the supplementary affidavits filed by the respondents till 6th January, 2015. 6. Mr. Goel has filed suggestions, made part of the file. 7. Respondent No. 2 has filed supplementary affidavit. It is apt to reproduce paras 3 to 5 of the supplementary affidavit herein: "3. That the replying respondent did not file affidavit on the response filed by the petitioner since there was no specific point mentioned against the respondent No. 2. The respondent No. 2 had already indicated its action being taken in terms of long terms plan for effective traffic regulation and management in urban areas of HP in the affidavit filed on 22.11.2014. 4. That the status of 22.11.2014 affidavit was as under:- S. No. Status Latest development 1. Comprehensive Mobility Plan (CMP) Shimla is ready. That so far as Comprehensive Mobility Plan (CMP) for Shimla is concerned as per guidelines of Govt. of India, the Ministry provides financial assistance upto 80% for taking up traffic and transport studies project, feasibility studies etc. 4. That the status of 22.11.2014 affidavit was as under:- S. No. Status Latest development 1. Comprehensive Mobility Plan (CMP) Shimla is ready. That so far as Comprehensive Mobility Plan (CMP) for Shimla is concerned as per guidelines of Govt. of India, the Ministry provides financial assistance upto 80% for taking up traffic and transport studies project, feasibility studies etc. But the CMP should be notified under State TCP Act as part of the Master Plan for the respective Local Planning Areas. This has to be notified under the TCP Act and the issue has been taken up with the TCP Department. 2. Ongoing and envisioned parking by the Urban Dev. Deptt. (i) Sanjauli car parking : construction is almost complete and is likely to commission some of its floors very shortly for parking of 400 vehicles. (ii) Lift parking : construction is going on. It was to be completed by 24.1.2015, but, the concessionaire has sought extension for another one and a half year for its completion. This parking would have a capacity of 700 vehicles. (iii) Chhota Shimla car parking : construction work is in progress. Nearly 60% of the work has been completed. Capacity is of 250 cars. (iv) Vikasnagar car parking : the process for having the land for car parking free from all encumbrances is already underway which includes clearance under FCA from Forest Deptt. 5. That operational guidelines on Smart Cities Scheme of Ministry of Urban Development provide for empanelled urban experts to facilitate implementing the State vision for Urban Mobility and action plan thereon. Meanwhile the process for selection of 72 urban sector Specialists/Experts for a range of themes of including urban mobility is underway with funding from MOUD." 8. What steps have been taken in terms of paras 4 and 5 of the supplementary affidavit as follow-up, is not forthcoming. 9. It is stated in paras 2 to 4 of the status report/ supplementary affidavit filed by respondent No. 4 as to what steps he has taken to cancel the permits, how many permits have been cancelled and what steps were taken to declare some areas as 'No Parking Zone'/'No Entry Zone' areas. 9. It is stated in paras 2 to 4 of the status report/ supplementary affidavit filed by respondent No. 4 as to what steps he has taken to cancel the permits, how many permits have been cancelled and what steps were taken to declare some areas as 'No Parking Zone'/'No Entry Zone' areas. But, it does not contain the details how many permits were examined, cancelled and who were the officers, who had issued the permits; whether the permits were in tune with the Shimla Road Users and Pedestrians (Public Safety and Convenience) Act, 2007 (hereinafter referred to as “the Act”) read with the directions passed by this Court, supra, leads nowhere, is suggestive of the fact how respondent No. 4-Deputy Commissioner has taken the matter and dealt with the issue. 10. Respondent No. 6 has also filed compliance affidavit on 3rd January, 2015, which is vague and suffers from non-application of mind, rather is bereft of details. It is not known what steps they have taken to achieve the object of the said Act and to prepare the vision plan. 11. In paras 2 and 3 of the said compliance affidavit, it is stated that yellow line parking places are to be used by the authorized permit holders. Who are the authorized permit holders, whether the permit holders have obtained the permits as per the provisions of the Act and are in tune with the directions passed from time to time. 12. Respondent No. 8 has filed the supplementary affidavit and in paras 4 to 6, it is stated that the taxis are being managed by some private persons alongwith HRTC. How those private persons were plying the said taxis and who were the officers who have granted such permission. 13. Whether the vehicles were and are being used in terms of the directions passed in CWPs No. 1916 of 2009 and 7784 of 2010 read with the directions made by this Court, supra. Whether they have taken any decision or made any scope/room for the physically handicapped, senior citizens, children and other disabled persons, is not forthcoming. 14. 13. Whether the vehicles were and are being used in terms of the directions passed in CWPs No. 1916 of 2009 and 7784 of 2010 read with the directions made by this Court, supra. Whether they have taken any decision or made any scope/room for the physically handicapped, senior citizens, children and other disabled persons, is not forthcoming. 14. While going through the status reports/compliance reports/affidavits, it appears that the respondents have not complied with the directions contained in order, dated 22nd July, 2014, 22nd September, 2014, read with 10th November, 2014, in general and particularly, not complied with the directions contained in para 22 of the order, dated 22nd September, 2014, paras 3 to 5, 7 to 9 and 12 contained in order, dated 10th November, 2014. 15. The question is - how to implement these directions; what procedure/method/means are to be adopted in order to maintain the sanctity, importance and beauty of the Mall Road and Shimla City? 16. The Act contains detailed mechanism including how to issue permit/pass and to whom it is to be issued. But it appears that the officers have given a slip to the provisions of the Act. 17. Had the officers-respondents complied with the Court directions issued from time to time in letter and spirit and had they taken the steps to take the preventive measures, the mess, which has been created, as on today, could have been avoided. 18. It appears that the Deputy Commissioner has turned deaf ear. Had he exercised his powers in terms of the Act, the object could have been achieved. 19. We deem it proper to direct the Chief Secretary to the Government of Himachal Pradesh to constitute a Committee comprising of Principal Secretary (Home) to the Government of Himachal Pradesh, Principal Secretary (Transport) to the Government of Himachal Pradesh and LR-cum-Principal Secretary (Law) to the Government of Himachal Pradesh, who are directed to examine all the permits/passes and cancel all those permits/ passes, which have not been issued in accordance with the mandate of the Law read with the Act, issue the permits to all those persons who are entitled and eligible as per the Act and renew only those permits, which have been issued in terms of the mandate of the Act. This exercise be done within four weeks while keeping in view the suggestions made by Mr. Goel. This exercise be done within four weeks while keeping in view the suggestions made by Mr. Goel. Any lapse will be seriously viewed. 20. The respondents were directed to prepare a vision plan. Respondent No. 2 has stated in paras 4 and 5 of the supplementary affidavit that they are preparing a Comprehensive Mobility Plan (CMP) for Shimla. 21. It appears that a Committee was constituted comprising of Director (Transport); Commissioner, Municipal Corporation and Director, Urban Development, for preparation of a traffic mobility plan and parking plan for Shimla Town in terms of the directions issued by this Court. The Chief Secretary to the Government of Himachal Pradesh is directed that the members of new Committee, Secretary (Revenue) and the Expert of the discipline/subject be also nominated as the members of the said Committee. They are directed to take all steps in terms of the said orders read with the affidavits filed by them. They are also directed to make suggestions and proposals in order to achieve the object of the Act. 22. The Municipal Corporation and other concerned authorities have not given the details about the parking of the vehicles in the sealed/restricted areas and whether the resident (s), who is/are residing in and around the Mall Road and the restricted/sealed areas, and the offices situated in and around the said areas, is/are having parking place (s). 23. All respondents are directed to examine the suggestions and do the needful in terms of the provisions of the Act read with the orders made by this Court from time to time. 24. The respondents are directed to comply with all these directions in addition to the directions already made from time to time and file detailed status report by or before 16th March, 2015. 25. List on 16th March, 2015.