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| Regulation of Traffic | | DB directed Seizure of 25 years old vehicles | |
Jammu, October, 07:- In a much publicized regulation of traffic, A Division Bench of J&K High Court Jammu Wing comprising Chief Justice BA Khan and Justice Mansoor Ahmed Mir after considering the status reports filed by the various departments and observed that while reviewing the status reports of implementing the Court directions by the various authorities, DB feel concerned at their in-action in certain areas, like construction of Bus Bays, passenger sheds, speed brakers, providing of parking spaces. It may be recalled that a committee set-up under the orders of this Court had already identified places for all this and ad submitted its report to the Divisional Commissioner, but no further action has been taken on that report with the result that Court directions in this regard have gone un-attended so far. It is not known whether all this was to be executed by the Chief Engineer PWD or VC JDA or for that matter by the Commissioner of JMC. Upon this DB ordered that Divisional Commissioner shall convene a meeting of the Chief Engineer PWD, VC JDA and Commissioner JMC for taking decision on implementing the Court directions in this regard and all three authorities shall submit their action taken reports in the matter on the next date.
The Division Bench from the report of SSP Traffic also find that Court direction to take 25 years old vehicles off the road had gone a-begging. As a matter of fact no effective steps have been taken so far by the traffic enforcement agency to execute the Court orders in letter and spirit. While dealing with this issue at Srinagar wing of the State High Court, all concerned authorities, including the transport commissioner, were directed to prepare action plans, which now are told is in process of being prepared. The DB also directed Transport Commissioner and all RTOs to notify the registration number of such vehicles (25 years old) by a public notice and also furnished a list of these to IGP/DIG Traffic/ SSPs (traffic) for appropriate action, which could include seizure of vehicles and documents, he shall also directed Transport Companies/ Association to cancel the membership of the owners of such vehicles and shall also inform them that in case of their default they shall held liable to contempt for disobeying the Court orders. All companies/association shall be asked to furnish a list of such members, whose membership is cancelled, to the transport commissioner to IGP/ DIG Traffic, which shall be published with a caution to all companies to refrain from enrolling/ re-enrolling such members. The transport commissioner shall also direct all RTOs to undertake surprise inspections of Bus/Trucks/Taxi Stands/ Addas, to seize such vehicles and documents. In this regard the Division Bench directed DIG and SSP Traffic Jammu and Srinagar to take necessary steps for implementing the Court orders for removal of 25 years old vehicles from the road after receipt of their list from Transport Commissioner for which IG Police at both the divisions along with concerned SSPs shall associated with any operation undertaken by the SSPs traffic and rendered them all police assistance.
The Division Bench further directed VC JDA that he shall also attend to any requisition made by these SSPs Traffic for making available some open land where such vehicles could be parked after they are taken over by the Traffic Authorities. There are still complaints about in-action in removing offices of transport companies from the commercial and the residential areas of Jammu city, who had already been allotted alternate space. The Transport Commissioner is directed to complete the process of removal and ensure that their vehicles are not allowed to be parked on the roads or in front of their offices. It has been brought to the notice of this Court that Court directions to stop unauthorized to use of red-lights and flash lights has again gone un-implemented and reason for this is said to be absence of any Govt notification under the relevant provisions of Motor Vehicles Act. The Govt through Chief Secretary and also Transport Commissioner are directed to take necessary steps to issue such notification, specifying the dignitaries, who are entitled to use red/blue lights and flashers and after this IGP/Dig Traffic shall take all necessary steps to prevent any un-authorized use of these lights and to remove these from vehicles where ever found used in contravention of the provisions of the notification.
The Division Bench further observed that there is no end to the public complaints about adulteration in petrol at whatever stage. This Court had initially directed deployment of two mobile vans by the oil companies and also installation of testing equipments by them at their stations. These companies were later asked four such vans which they have failed to do till date and result is that there is no worthwhile testing being undertaken to check adulteration in petrol at various petrol stations. It is also noticed that a routine testing was being conducted to show as if everything was in order and no adulteration was taking place at any stage which seems to be mostly due to lack of any counter testing facility. The state level coordinator of these oil companies Mr. RK Gupta, directed to required all four oil companies (HPC, BPC, IOC and IBP) to install necessary testing equipments at their dealing stations within one month from receipt of this order and also to call upon the Bharat Petroleum and Indian Old Corporations to make available two more mobile testing vans one each for Jammu and Srinagar. He shall also prepare a report based on the expert advice to indicate the mechanism that could be adopted for ensuring fair testing of the petrol at various stages. Meanwhile the authorities of these companies are required to appear before this Court on the next date for any further clarifications. The Division Bench further observed that all traffic checking and challaning authorities are directed to make endorsement of the owner’s particulars on the Challan prepared by them and also to issue check certificate driver/owner of the vehicles, who documents are checked once to save the time in futile checking of these vehicles.
DB took serious note slowed down the clearance drive of JMC has directed the Commissioner to pick-up the threads and regroup its resources to re-launch its drive to clear the pavements/ footpaths of the city and encroachments in collaboration with concerned SHOs on the basis of locality faced program. He shall also submit his plan of action before the Court on the next date.
DB took serious note of the failure of PWD authorities to respond Court directions. A show cause notice was issued to the Chief Engineer and SE Jammu to explain the position, but they have again defaulted and have stayed away from the Court. So as the Director Education Jammu, Court could have issued arrest warrants authorities to compel their attendance but stop-shot of doing so in hope that they would avail of this last opportunity to submit their explanation before the Court. DB directed Registrar Judicial that he shall issued a fresh notice to them asking for their reply within three weeks. All concerned authorities to submit their status-report one week in advance before the next date of hearing, DB ordered.
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