Fayaz Bukhari
Srinagar, Apr 26: The High Court today expressed serious and deep concern over traffic irregularities in the State and directed all the authorities to clear the roads from all obstacles for smooth traffic movement and ensure that no trade takes place on roads and footpaths.
The Division Bench of Justice Ali Mohammad Magrey and Justice B S Walia directed slew directions on all concerned authorities for removing traffic congestions and making public transport comfortable for passengers.
Court directed the concerned authorities to take all necessary steps for smooth plying of vehicles on roads in the entire State. “As far as the question of street vendors is concerned, the Divisional Commissioner, Kashmir and Jammu, Inspector General of Police of both wings (Executive and Traffic), Senior Superintendents of Police of both wings (Executive, Jammu/ Srinagar and Traffic), Commissioners, of Srinagar/Jammu Municipal Corporation, Vice Chairman, SDA and JDA, shall take all the necessary steps required for making the roads available for the plying of vehicles only”, DB directed adding with “to remove the vendors from the road and footpath to ensure that no trade takes place on the road and footpaths”.
Court on failure to get the said directions implemented on ground directed IGP Kashmir, Commissioner Srinagar Municipal Corporation, Vice Chairman SDA, SSP (Traffic) Srinagar shall in the first instance, have to appear in person to explain the reasons of failure. Court in its other directions directed the Divisional Commissioner, Kashmir & Jammu and the Chief Engineer, R&B, Kashmir as well as Jammu to take all the steps for constructing the bus stops and install the signs wherever existing to make these stops visible.
“Inspector General of Police (Traffic) J&K, and the Senior Superintendent of Police (Traffic) Srinagar/Jammu, shall ensure that the passenger vehicles will stop at the designated bus stops only”, the order read.
On the previous date of hearing, Court had also directed for identifying and abolishing the unregistered auto/ sumo stands but nothing appears to have been done because there is no compliance to that effect. “Once again it is impressed upon all the concerned to identify and abolish such unregistered auto/ sumo stands”, DB reiterated.
Apart from this, Court also directed the Inspector General of Police of both the wings (Executive Jammu/ Srinagar and Traffic) and the SSP’s of Traffic Jammu/ Srinagar to ensure that no vehicle is allowed to be parked at any place other than the parking slots. “The vehicles found parked on the roadside shall be seized and released only on the orders of this Court”, Justice Magrey and Justice Walia directed.
Court also reiterated that are all privy to the disturbing traffic situation in the State of J&K and there are many factors those contribute to this messy affair.
Court said, to take note of few such factors here, in the first instance, to see that the situation is brought under control and the general public may heave a sigh of relief. “The first thing that comes to our mind, in this connection, is the occupation of the roads at capital points of the city by the street vendors”
Court observed, the footpaths were swallowed resulting in on road foot movement of the public. Now even the general roads are occupied almost everywhere in the city by such vendors hampering the traffic movement to the hilt. Ironically no State Authority, despite being conscious of this fact, has spoken a word about this menace which is a major roadblock in the traffic regulation in the state of J&K especially in the city of Srinagar”
The second, court said, thing that appears to be causing hurdles in the traffic movement is the ‘bus stop of choice’ of the auto, sumo, mini bus, and the bus drivers. The passenger vehicles of any type stop at their will anywhere in the road in total disregard of the identified bus stops.
Another alarming and most disturbing related aspect, which the court noticed, is the unauthorized auto and Sumo stands across the length and breadth of the State and one more important link appears to be the parking of vehicles on the roadside.
Court observed that it is the lack of discipline only that roads are used for street vending; for parking of the vehicles; for running auto, Sumo stands or to stop the vehicles in the middle of the road. Acting indifferent towards such grave issues by the authorities is also indiscipline, for, the disciplined souls neither do any harm to the society nor allow anyone else to do that.
“One does not understand as to why the concerned authorities do not move and discharge their duties on their own. They seem to have got the feeling that they are obliged to do an official act only on the intervention of this Court. Painfully we put it on record that it is because of the apparent failure of the authorities to discharge their duties that this Court has to intervene”, court said.
Court directed the Chief Secretary of the State and Director General of Police to ensure that these directions are implemented on ground and no laxity and sought compliance of all these directions by May 1 before the court.
Court also sought status report from all the stake holders about the Master Plan for Srinagar city and directed the matter be listed in the week commencing from May 1.
In terms of previous order in which court had taken note of the report filed by the Amicus curie, JH Reshi and had underlined as many as 13 odd issues and passed certain directions to the State Authorities besides seeking suggestions and the measures to tackle the disturbing situation.
Transport Commissioner has also directed the RTO Kashmir to submit a comprehensive report explaining as to how the TATA 407 Mini Buses are plying in Kashmir Valley in violation of Motor Vehicle Act.
He further stated in his compliance report that every passenger/ Commercial vehicle has to undergo a fitness test conducted by the Board of Inspection (MVD), once in a year. However, presently the fitness of such type of vehicles aged between 15 to 25 years is done twice a year.
“Nothing is, however, stated in the report about the response of the RTO Kashmir regarding such fitness test of the vehicles in the range of 15 to 20 years”, DB observed.
Court in this background directed the Transport Commissioner to submit a fresh status report reflecting very specifically the action taken by the RTO Kashmir pursuant to the directions issued by this court and the Transport Commissioner to him.
Third issue was to identify and abolish the unauthorized auto, sumo and bus stops/ stands but no compliance has been filed in this behalf either by the Transport Commissioner or the Inspector General of Police (Traffic).
Court directed these officials to file the Compliance by or before the next date detailing out comprehensively the action taken against the unauthorized auto, sumo and bus stops/ stands after their identification as such.
About a building which is known as ‘Dar building’ and other small buildings standing in middle of the road at Karan Nagar-Kaka Sarai road in this regard the compliance report filed by the Divisional Commissioner as regards this issue, court said the report does not speak of any progress having been made towards removal of the bottleneck by acquiring the Dar Building and the other small buildings, although it does give some details about the acquisition proceedings and observed “These acts are contributing to the sufferings of the general public”.
Court directed the Chief Engineer, R&B, Kashmir, Srinagar and the Collector concerned to explain their position vis-à-vis dealing with the acquisition and ordered both of them to remain present in person on the next date of hearing.
Meanwhile, Advocate General apprised the court about the pace of work for the completion of flyover bridge from to Rambagh.
“We hope and trust that the Authorities at the helm of affairs, keeping in view the problems faced by the general public, would be alive to the seriousness of the issue and take immediate measures for the construction of the flyover to see its completion in time”, Justice Magrey and Justice Walia said.
Court besides theses issues said “we need to focus on the ground situation also and to the fast track the short measures required to be undertaken at war footing to smoothen the traffic movement in the State of J&K and to enable the authorities concerned to ease a bit and think of the long term measures”.
Court also reiterated that are all privy to the disturbing traffic situation in the State of J&K and there are many factors those contribute to this messy affair.
“One does not understand as to why the concerned authorities do not move and discharge their duties of their own. They seem to have got the feeling that they are obliged to do an official act only on the intervention of this Court. Painfully we put it on record that it is because of the apparent failure of the authorities to discharge their duties that this Court has to intervene”, read the order.
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