EARLY TIMES REPORT
SRINAGAR, Mar 11: A Division Bench of J&K High Court Srinagar Wing comprising Justice Ali Mohammad Magrey and Justice Dhiraj Singh Thakur directed Divisional Commissioner Jammu to ensure that no roadside parking shall be allowed except at opposite City Square Mall; opposite LIC Office Panjtirthi Jammu; Maharaja Hari Singh Park; opposite Chief Engineer Office, (PHE) B C Road; Prem Nagar Road Upto Jogi Gate and opposite Ganpati Food Junction, Gandhi Nagar.
DB further directed Commissioners of Jammu/Srinagar Municipal Corporation, shall ensure that no pavements/ footpaths and roads are allowed to be used for operating any kind of business including the “Theka Rehris” except in spots designated by JMC.
During the course of hearing, Division Bench observed that in our previous order we had requested the Chief Secretary of J&K, to explore the possibility of handing over the evacuee property premises land falling behind the Advocate General’s Office for its use as parking space by the High Court. Nothing has come on record in this behalf. We feel constrained to observe that the High Court complex also feels the difficulty of not having the proper parking space/ area to cater to the demand. The complex houses the CRPF company as well as who are utilizing a sizeable portion of the area for its use. Besides the number of lawyers, the staff of the High Court as well as of the Advocate General required to be accommodated which demands availability of additional space, therefore, bearing in mind the possibility of utilizing the Evacuee Property Land, the Court had made the request on the above lines. We once again request the Chief Secretary to ensure the transfer of the above described property for its use in the public interest. The needful shall be done by the next date and compliance filed.
While considering the matter Division Bench noticed that in terms of order passed on 23.12.2005, the High-Level Committee was directed to be constituted headed by the Chief Secretary of the Jammu and Kashmir to monitor effectively the mechanism in vogue for regulating the traffic movement in the whole of J&K. We reiterate the direction and seek compliance from the Chief Secretary.
When the PIL came up for hearing Division Bench observed that in terms of order dated 4th February, 2020, upon consideration, certain directions had been passed by this Court on three issues and the respondents, Principal Secretary to the Government, Transport Department, J&K; Divisional Commissioner, Jammu; Inspector General of Police (Traffic), J&K; have filed their compliance.
DB while taking note of the compliance reports submitted by the authorities supra, we see no report filed by the Divisional Commissioner, Kashmir, as regards the direction contained in paragraph no. 6 of the order dated 4th February, 2020, whereby the respondent had been directed to ensure that the 28 identified sites, figuring in Category B of his compliance report, are developed with promptitude after following the due procedure of law and to identify more sites for parking of vehicles in the left out areas of Srinagar City and rural areas. The compliance be filed on the next date without fail.
DB further observe that there is no compliance on behalf of Deputy Commissioner, Srinagar, also vis-à-vis taking steps for procuring the 50 Digital Time Recording Machines for monitoring of parking intervals. Let the officer remain present in person on the next date to explain the reasons of non-compliance.
During the course of proceedings the Amicus submitted that the issue of road-side parking was highlighted by the Union Transport Minister also in one of his addresses which was published by many newspapers of the country stressing that a provision is required to be added in the existing laws to take care of the menace of roadside parking.
DB observed that Amicus while emphasizing the importance of the availability of parking space at the residence of the individual seeking registration of his vehicle, submitted that many minor incidents have turned into major casualties in the congested areas of the J&K as the vehicles parked on the road play a bottleneck in any rescue mission initiated in such situations. The Amicus submitted that even the medical evacuation in the night time gets impossible because of such road blockage.
DB further observed that this court, while dealing with the issue, had also mulled on the idea of having a provision in the existing law that would keep the registration of every new vehicle subject to the availability of parking space/ garage with the person seeking such registration, however, the respondent, Principal Secretary to the Government, Transport Department, expressed his complete disability to do so saying that the power is vested with the Central Government. Taking the inability of the Government of J&K, as expressed by the Principal Secretary, into consideration, we deem it proper to implead the Union Secretary, Ministry of Surface Transport, Government of India, as party in this PIL and seek his response on the said point. Accordingly, the Union Secretary, Ministry of Surface Transport, Government of India, is impleaded as party in the array of respondents. He shall figure as respondent no 9. Notice on asking is waived by T M Shamsi, ASGI. He shall file his response, on the above lines, by the next date of hearing. JNF |
