Research › Search › Judgment

Allahabad High Court · body

2017 DIGILAW 2240 (ALL)

SAMEER SHANKER v. UNION OF INDIA

2017-09-21

SIDDHARTHA VARMA, TARUN AGARWALA

body2017
JUDGMENT By the Court.—We have heard Sri T.P. Singh, learned senior counsel assisted by Sri Siddhartha Nandan, learned counsel for the petitioners, Sri V.C. Srivastava, learned counsel for the petitioners in the connected writ petition, Sri S.K. Pal, learned counsel for the respondent No. 1, the Union of India, Ministry of Law and Justice, Sri Neeraj Tripathi, Additional Advocate General for the State of U.P., Respondent No. 2, Sri Sameer Sharma, learned counsel for the High Court of Judicature at Allahabad, respondent Nos. 3 and 4, Sri Anil Tiwari, President and Sri V.K. Upadhyay, Vice President of the High Court Bar Association, Sri Anoop Trivedi, learned counsel for the Allahabad Development Authority, Sri Nishith Yadav, learned counsel for respondent No. 10, Nagar Nigam and Sri S.K.Rai the learned counsel for the Minsitry of Defence, Union of India. 2. The Municipal Commissioner, Sri Harikesh Chaurasia was also called in person. The Regional Transport Officer, Allahabad was also called and the Superintendent of Police (Traffic) is also present in person and they were all also heard at length. 3. The present petition raises issues regarding the flow of traffic in and around the High Court premises from 09:00 A.M. to 05:00 P.M. A prayer has been made that the parking problem which is being faced by the High Court employees, Advocates, litigants and the general public should be resolved and a permanent solution should be found so that there is no impediment in the free flow of traffic in and around the High Court premises. A prayer was also made for construction of a multi level parking building for parking of vehicles for the Advocates. 4. Parking of vehicles for the employees, litigants and Advocates were being provided by the High Court inside the premises for a considerable period of time. Over the years, there has been a considerable increase in the number of vehicles resulting in shortage of space inside the High Court premises. As a result, vehicles were being parked outside the High Court premises on the roads, pavements and in the open areas available between the pavements and the boundary wall of the private houses, etc. 5. On account of security reasons, the High Court is now not permitting any vehicle to be parked inside the High Court premises resulting in congestion of traffic on Kanpur Road, Nyaya Marg, Elgin Road and Mahatma Gandhi Marg. 5. On account of security reasons, the High Court is now not permitting any vehicle to be parked inside the High Court premises resulting in congestion of traffic on Kanpur Road, Nyaya Marg, Elgin Road and Mahatma Gandhi Marg. According to the Superintendent of Police (Traffic) more than forty police personnels are engaged in controlling the traffic in and around the High Court. More than 1800 four wheelers and approximately 3500 to 4000 two wheelers are parked in and around the High Court premises. Photographs have been filed which shows a chaotic condition of vehicular movement in and around the High Court premises. 6. The High Court, realizing the gravity of the situation was grappling with this issue on the administrative side. The Court directed the Registry to make available the records relating to the issue of parking which the Court has perused and finds that a “Space Committee” was constituted to find out a solution with regard to parking of vehicles. The Space Committee submitted a report on 23.2.2014 recommending that an underground parking basement should be made not only for parking of vehicles but also for keeping the records. The underground parking would also connect the High Court building, the Stationary building, the Mediation Centre, the Advocate General’s office and the Annexe building by an underground passage. The relevant extract of the recommendation of the Space Committee is extracted hereinunder: “The Committee also suggests that looking into long term solution for the next 50 to 100 years the only remedy available is to go underground, not only for storage of records, but also to solve the parking problem, which is acutely being faced by the High Court. Construction of an underground parking basement and storage of records below the cricket field would simultaneously solve both the problems. The Committee recommends that an underground parking basement and storage of records be constructed below the Cricket field, which will connect the High Court building, the Stationary building, the Mediation Centre, the building which is under construction across the road on Kanpur Road as well as the Advocate General’s office building.” 7. The Chief Justice accepted the recommendation of the Committee and recorded that to have an underground parking facility was a realistic solution to the acute shortage of parking space which was being faced by lawyers and litigants. The Chief Justice accepted the recommendation of the Committee and recorded that to have an underground parking facility was a realistic solution to the acute shortage of parking space which was being faced by lawyers and litigants. The Chief Justice also directed the Director, Indian Institute of Technology, Kanpur to depute a team to conduct an inspection and to examine the technical feasibility of the project. The relevant extract of the order of the Chief Justice is quoted hereinunder: “The proposal to have an underground parking facility below the cricket ground is, in my view, a realistic solution to the acute shortage of parking space which is being faced by lawyers and litigants. In the last several weeks, I have personally had the opportunity to witness the haphazard manner in which cars are parked around the High Court. This is a serious safety hazard since in the event of an emergency, entry to and exit from the premises from the lawyers’ and litigants’ side is virtually impossible. Emergency vehicles such as fire engines would find it extremely difficult to access the premises. The Delhi High Court has constructed a facility for underground parking of cars. Such a proposal should be actively explored. All steps should be taken to ensure that the construction of the underground car parking facility does not affect the cricket ground which is a valuable open area. One problem which has been mentioned during discussions with the members of the Building Committee is the water table in Allahabad. I would suggest that the Building Committee may request the Director, Indian Institute of Technology, Kanpur to depute a team to conduct an inspection and to examine the technical feasibility of the project. Once this is done and if a basement parking facility is found to be viable, steps can be taken to move the Government expeditiously for sanctioning the proposal.” 8. In the meanwhile Chief Secretary was given a round of the High Court on 4.3.2014. He was apprised of the parking problem and was shown the haphazard manner in which the two wheelers were parked inside the High Court premises and the four wheelers that were being parked on the roads. The Chief Secretary agreed to the proposal of construction of an underground parking space below the Cricket field. He was apprised of the parking problem and was shown the haphazard manner in which the two wheelers were parked inside the High Court premises and the four wheelers that were being parked on the roads. The Chief Secretary agreed to the proposal of construction of an underground parking space below the Cricket field. The visit of the Chief Secretary and his recommendation for an underground parking space was recorded by the Building Committee in its report dated 21.3.2014. In this report the Committee also recommended that a proposal for construction of an underground multi level parking system be sent to the State Government. This recommendation was approved by the Chief Justice by his order dated 11.4.2014. Relevant extract of the Minutes of the Building Committee at 21.3.2014 is extracted hereinunder: “The Chief Secretary was also apprised of the parking problem, which the High Court was facing. He was taken to the main gate of the High Court and was shown the manner in which these two wheelers were parked inside the High Court premises and the four wheelers that were being parked on the Nyaya Marg, Elgin Road and Kanpur Road. The High Court is facing an acute shortage of parking space. The manner in which the vehicles are parked inside and outside the High Court premises is creating a safety hazard since, in the event of an emergency, entry to and exit from the premises from the lawyers and litigants side is virtually impossible. In the event of an emergency, vehicles such as fire engines, ambulance would find it difficult to access the premises. The Committee has also considered the report of the Space Committee and the recommendation made by the Chief Justice and while agreeing with the suggestion recommends that a realistic solution to solve the acute shortage of parking space is to construct an underground car parking below the cricket field in order to provide an efficient parking system at the Allahabad High Court premises. The Chief Secretary has also agreed to this proposal. The Committee, consequently, recommends that a proposal for construction of a automated underground multi-level car parking operated by computerised system below the cricket field be sent to the State Government. The Chief Secretary has also agreed to this proposal. The Committee, consequently, recommends that a proposal for construction of a automated underground multi-level car parking operated by computerised system below the cricket field be sent to the State Government. The Committee has also been informed that the Registrar General has requested the Director Indian Institute of Technology, Kanpur to depute a team to conduct an inspection and examine the technical feasibility of the projects.” 9. Based on the aforesaid approval by the Chief Justice, officials from the Indian Institute of Technology, Kanpur submitted a technical feasibility report in April 2014 indicating that a parking space for 2000 four wheelers and 2000 two wheelers could be created in the cricket field, which belongs to the High Court. Subsequently, on the request of the High Court, the Managing Director and the Executive Director of Delhi Metro Rail Corporation (DMRC) also inspected the premises on 20.5.2014 and opined that an underground parking facility can be created in the cricket field. The DMRC contended that a detailed project report should be prepared and by the letter dated 30.5.2014 DMRC agreed to prepare a detailed project report (DPR). By a letter dated 11.6.2014, they requested for a fee of Rs. 6,00,000/- plus service tax for the preparation of the detailed project report (DPR) report. 10. It transpires that subsequently letters were written to the State Government by the Registrar General on 8.8.2014 to release the sum of Rs. 6,00,000/- to DMRC so that a detailed project report could be prepared. The State Government however, by letter dated 31.12.2014 submitted that the work could not be allocated to DMRC and that tenders can only be invited through the state agencies as per the procedure given in the Government Orders dated 16.10.2014, 20.10.2014, 16.7.2013 and 12.2.2013 for the construction work under “fixed price contract.” 11. In the meanwhile, the DMRC by its letter dated 9.9.2014 submitted a Concept Report and gave three options namely: (a) underground multi level with ramp parking (Drive and Park system), (b) underground multi level semi automated parking system (Puzzle Parking system) and (c) underground multi level fully automated parking with (Lift and Trolley system). The DMRC recommended that the third option was feasible and that a parking space for 2000 four wheelers and 800 two wheelers was possible. 12. The DMRC recommended that the third option was feasible and that a parking space for 2000 four wheelers and 800 two wheelers was possible. 12. Pursuant to the letter of the State Government dated 31.12.2014, the Registrar General wrote several letters including a letter dated 27.5.2014 requesting for the preparation of the DPR and for the floating of tender, etc. The records of the High Court indicate that the State Government did not respond and no agency has been nominated till date. 13. This is the state of affairs as on date with regard to the progress between High Court and the State Government on the issue of parking of vehicles in the High Court premises. 14. We also find that the State Government has allotted a land by an order dated 29.11.2016 measuring 6321.37 sqare metres on the Kanpur Road, being plot No. 58, 1/2 for the construction of a multi storeyed parking building. This allotment of land is under dispute and a writ petition has been filed by the occupants which is being adjudicated in a separate writ petition. 15. Considering the gravity of the situation and the ever increasing congestion on the aforesaid four roads on a daily basis, the Court heard this matter on several dates and is of the opinion that there has to be a permanent solution with regard to the parking of vehicles. The responsibility of having a proper parking is of the High Court. The High Court on its administrative side has doing its best to create a parking system and had repeatedly being requesting the State Government to provide an agency and, on various occasions had asked for the release of funds but the State Government is sitting tight over the matter. The delay in the construction of an underground parking system is totally on account of red tapism method being adopted by the State Government. Consequently the Court is of the opinion that it is imperative in public interest to initiate proceedings on the judicial side. 16. The car parking problem can be solved by adopting a triple pronged approach, namely: (1) Permanent solution, (2) Temporary measures and (3) Day to day regulation of the traffic till such time the permanent solution is not reached. Permanent Solution 17. 16. The car parking problem can be solved by adopting a triple pronged approach, namely: (1) Permanent solution, (2) Temporary measures and (3) Day to day regulation of the traffic till such time the permanent solution is not reached. Permanent Solution 17. For the aforesaid purpose, as indicated aforesaid, two areas have been carved out for parking of vehicles, namely: (a) the cricket field available with the High Court for an underground parking. (b) Plot No. 58, 1/2 on Kanpur Raod given by the State Government through letter dated 29.11.2016. 18. We, accordingly, direct the Chief Secretary in the first instance to take immediate steps to nominate a competent construction agency, float a tender, prepare a DPR as well as release the funds. Such exercise shall be done by the Chief Secretary in consultation with the High Court within four weeks from today and the Action Report be submitted to the High Court on the administrative side as well as before this Court through an affidavit. 19. It is made clear that no latitude in this regard will be tolerated. The State Government should be conscious of the fact that time is of utmost importance in the execution of this project. This exercise is going on since 2014 and the project cannot be delayed any further. The State must realize this fact. Temporary Measures 20. Till such time a permanent parking system is made operational, temporary measures have to be adopted. Parking cannot be done on the public roads which would be in violation of the U.P. Urban Planning and Development Act, 1973 and would also be against the master plan framed therein. 21. We find that adjoining the High Court premises, there is a huge open piece of land which is commonly known as the Polo Ground. This land belongs to the Ministry of Defence. In this regard the Security Committee constituted by the Chief Justice had directed the Registrar General to request the local military authorities to lease the Polo Ground on a temporary basis. In response to the letter of the Registrar General dated 24.8.2017, the office of the Sub Area Commander by letter dated 8.9.2017 intimated the Registrar General to submit their request to the Ministry of Defence. 22. In response to the letter of the Registrar General dated 24.8.2017, the office of the Sub Area Commander by letter dated 8.9.2017 intimated the Registrar General to submit their request to the Ministry of Defence. 22. In view of the aforesaid, we direct the Registrar General to immediately send a request to the Ministry of Defence for leasing the Polo Ground to the High Court for a temporary period of a minimum of five years or till such time the permanent parking is constructed whichever is earlier. The Registrar General is further directed to request the Chief Justice to hold a one to one meeting with the top officials of the Ministry of Defence or nominate any Judge or an official of the Registry for the aforesaid purpose. The Court expects that such meeting would be called within the next four weeks. Sri S.K. Rai, learned counsel appearing for the Ministry of Defence is also requested to intimate the Ministry of Defence about the order of the High Court. 23. The High Court has also taken steps to acquire the Kapoor Bungalow behind the Chief Justice’s residence. The Court has been informed that the State Government has already sanctioned the money for transfer to the military authorities. This land can also be used for temporary parking. The Registrar General will submit a report on this aspect also. Day to day Regulation 24. Till such time the temporary requisition of Polo Ground is not made, we direct that parking of vehicles in and around the High Court will continue but the parking would be done in a regulated manner under the supervision of the Superintendent of Police (Traffic), Allahabad in the following manner: (i) Parking slots shall be prepared by the Superintendent of Police (Traffic), Allahabad. Signages would be erected at the appropriate place indicating parking for 2 wheelers or for 4 wheelers. (ii) There would be a one way traffic on the Nyaya Marg. (iii) No vehicles will move from Kanpur Road towards Nyaya Marg. (iv) No vehicles will be allowed to come towards the gate No. 3 on Nyaya Marg either from Elgin Road or from the side of Circuit House leading to the High Court. (v) No vehicles would be allowed entry from the Pani ki Tanki side on Kanpur Road leading to the High Court upto the crossing of Kanpur Road and Nyaya Marg. (v) No vehicles would be allowed entry from the Pani ki Tanki side on Kanpur Road leading to the High Court upto the crossing of Kanpur Road and Nyaya Marg. (vi) The traffic would be diverted from Pani ki Tanki to Nawab Yusuf Road. Advocates coming from Lukerganj flyover or from Sulem Sarai, Preetam Nagar, etc. will be diverted from Pani ki Tanki to Nawab Yusuf Road and thereafter would turn towards Nyaya Marg from Balmiki crossing. (vii) No vehicular movement will be permitted on the Mahatma Gandhi Road from Ambedkar crossing to Kanpur Road. This portion of the road will be used for parking of two wheelers. (viii) Parking of four wheelers would be done on Nyaya Marg, Elgin Road, on the land available after the pavement. Superintendent of Police (Traffic) will ensure that no vehicles are parked on the road. Four wheelers can also be parked on Kanpur Road between the crossing of Elgin Road and Kanpur Road upto the crossing of Kanpur Road and Nyaya Marg. (ix) Two wheelers will be parked on the land available after the pavement on Kanpur Road from the crossing of Kanpur Road and Nyaya Marg upto Pani ki Tanki as well as on the service lanes of Mahatma Gandi Road from Ambedkar crossing upto All Saints Cathedral. Two wheelers can also be parked on Mahatma Gandhi Road between the Ambedkar crossing and Kanpur Road. (x) We also direct that no vehicles would be parked in front of any gate of the High Court on Elgin Road, Nyaya Marg and Kanpur Road or in front of any gate of a private residence. (xi) If any vehicle is parked in violation of the aforesaid guidelines, the Superintendent of Police (Traffic) would be at liberty to remove the vehicle from the spot. 25. This parking of vehicles will be implemented with effect from 3.10.2017. The Municipal Commissioner is directed to ensure that all encroachments are removed from these areas. 26. It is made clear that on Nyaya Marg between Kanpur Road and Elgin Road there will be only one row of parking of four wheelers on either side of the road. 25. This parking of vehicles will be implemented with effect from 3.10.2017. The Municipal Commissioner is directed to ensure that all encroachments are removed from these areas. 26. It is made clear that on Nyaya Marg between Kanpur Road and Elgin Road there will be only one row of parking of four wheelers on either side of the road. It is also made clear that the parking of the vehicles would not be on the road but would be made only on the space available after the pavement so that the road is used for the movement of the vehicular traffic for the general public. 27. All the Advocates are requested to cooperate. Necessary information about the new parking procedure would be published in the local hindi and english newspapers on several days by the administration through Superintendent of Police (Traffic) so that the Advocates and the general public are informed. The President and Secretary of the Bar Association are also directed to intimate their members and, if necessary, send messages by SMS/WhatsApp. 28. The High Court is also directed to send SMS to all the Advocates including the members of the Advocates Association as well as to its employees for necessary information. 29. It was urged that till such time the construction of the underground parking does not start in the High Court cricket field the same should be utilized for parking of vehicles. The suggestion appears to be reasonable since we find that a flyover is now being constructed by the U.P. Bridge Corporation on Kanpur Road. Sooner or later the construction activity could start in front of the High Court on Kanpur Road side and the temporary arrangement for parking of two wheelers would not be possible thereafter on Kanpur Road. 30. Before we issue a judicial order, we request the High Court to ponder over this issue and take an appropriate decision on the administrative side within the next four weeks for allowing parking of two wheelers in the cricket field considering the security angle. As per the report of P.W.D. approx. 400 four wheelers can be parked or 3103 two wheelers can be parked. 31. For the aforesaid parking, the Superintendent of Police (Traffic) will supervise the operation in collaboration with the Municipal Commissioner, Vice-Chairman of the Allahabad Development Authority under the guidance of the Senior Superintendent of Police and the District Magistrate, Allahabad. 32. 400 four wheelers can be parked or 3103 two wheelers can be parked. 31. For the aforesaid parking, the Superintendent of Police (Traffic) will supervise the operation in collaboration with the Municipal Commissioner, Vice-Chairman of the Allahabad Development Authority under the guidance of the Senior Superintendent of Police and the District Magistrate, Allahabad. 32. The learned counsel for the Nagar Nigam, Sri Nishith Yadav is directed to file an affidavit with regard to the appointment of qualified contractors who will supervise the parking of the vehicles on payment basis. The contractor’s antecedents and that of his employees must be verified by the police and identity card should be issued to them thereafter. We are informed that the Advocates have themselves employed some contractors who have been looking after the parking of the vehicles for the past several years. The said contractor’s services may be utilised by the Nagar Nigam. 33. The Court finds that the land on Nyaya Marg between Elgin Road and Thornhill Road is not levelled after the pavement. A suggestion was made that interlocking tiles may be placed so that it becomes convenient for parking, quite apart from the fact that it would also beautify the road side. The Nagar Nigam in consultation with the Allahabad Development Authority will submit a report on this aspect on the next date. 34. The Nagar Nigam after consultation with the Regional Transport Officer will also intimate as to how many E-Rickshaws can be provided on a contract basis for carrying the Advocates to and fro from the parking slots to the High Court gate. Such affidavit should be filed on the next date. 35. List this matter for further consideration on 4.10.2017. A certified copy of the order shall be made available to the parties on payment of usual charges by Saturday i.e. on 23.9.2017. A free certified copy shall be supplied to the Superintendent of Police (Traffic) and to the Registrar General by Saturday, i.e. 23.9.2017 for necessary information and compliance.