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| Regulation of Traffic | | DB directs seizure of 25 years old vehicles | |
Jammu, October, 07- In a much publicized regulation of traffic issue, a Division Bench of J&K High Court Jammu Wing comprising Chief Justice BA Khan and Justice Mansoor Ahmed Mir has taken strong notice of the failure of the concerned departments to implement the earlier Court directions and issued fresh directions for notifying the vehicles beyond 25 years of age .
Considering the status reports filed by the various departments, the DB observed that the directions passed earlier have not been implemented by the concerned agencies. The construction of Bus Bays, passenger sheds, speed breakers, providing of parking spaces have not be taken up by the concerned authorities though the committee set up under Court orders had already identified places for the purpose. 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 observed that no effective steps have been taken so far by the traffic enforcement agency to execute the Court orders with regard to the identification of vehicles having more than 25 years age and directed Transport Commissioner and all RTOs to notify the registration number of such vehicles (25 years old) by a public notice and also furnish a list of these to IGP/DIG Traffic/ SSPs (traffic) for appropriate action, which could include seizure of vehicles and documents besides the cancellation of the membership of the owners of such vehicles who shall be 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 the list from Transport Commissioner for which IG Police at both the divisions along with concerned SSPs shall be associated with any operation undertaken by the SSPs traffic and render them all police assistance.
The Division Bench further directed VC JDA to attend to any requisition made by the 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, which had already been allotted alternate space. The Transport Commissioner is directed to complete the process of removal and ensure that vehicles are not parked on the roads or in front of their offices.
On the use of red lights, the DB observed that Court directions have again gone un-implemented and reason for this is said to be absence of any Government notification under the relevant provisions of Motor Vehicles Act. The Government 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.
About adulteration in petrol the Division Bench observed that Court directions for deployment of two mobile vans by the oil companies and also installation of testing equipments by them at their stations have not been implemented .The Court again directed the state level coordinator of these oil companies Mr. RK Gupta, to ensure installation of necessary testing equipments within one month from receipt of this order and also to called 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 took serious note of the slow process about the clearance drive of JMC and 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.
Taking strong notice of the failure of the PWD to implement the Court directions, the DB observed that despite show cause notice to the CE and SE PWD Jammu they have again defaulted and have stayed away from the Court and directed Registrar Judicial to issue fresh notice seeking their reply within three weeks. The DB directed all the concerned authorities to submit their status-report one week in advance before the next date of hearing. JNF
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