Bikers & Pillion Riders In Ahmedabad Must Wear Helmets: Gujarat High Court Directs State To Implement Rule Within 15 Days

Flagging various issues concerning traffic congestion in Ahmedabad, the Gujarat High Court on Wednesday asked the authorities to implement within 15 days the "mandatory requirement" of wearing of helmet by two wheeler riders including the pillion rider. 

A division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi were hearing a public interest litigation (PIL) moved by 20 residents of the city pertaining to the construction of a bridge at Ahmedabad's Panjrapole cross roads which they claimed is leading to reduction of green cover. 

Two wheeler riders to wear helmets

Expanding the scope of the PIL, Chief Justice Agarwal orally said to the counsel appearing for the various authorities, "We are keeping it after 15 days...We are issuing the first direction that we are giving you 15 days time to implement the first requirement of putting up mandatory condition of wearing helmet by two wheeler rider including the pillion rider. And controlling the traffic". 

Highlighting that people in the city enter from the "wrong side" of the roads, the high court also asked the authorities to put up boards at "accident prone areas". The court also called for identification of areas where there is heavy traffic congestion at specific times. 

Management of Traffic, Feasibility of flyovers

Identifying key issues for consideration, the high court said, "We are renaming this petition on two aspects (a and b). One is management of traffic in the city of Ahmedabad and filling up vacancies in traffic police. And (b) is management and maintenance of entry exit points into national highway specifically SG [Sarkhej–Gandhinagar]highway and feasibility of flyovers in the city". 

Calling for a holistic approach on the issue, the bench said that it is "alive" to the fact that traffic as an issue is to be taken care of "for future as well" and the Ahmedabad Municipal Corporation is tasked to do that. 

The court remarked that while constructing highways and flyovers, the current situation pertaining to the "entry and exit points is to be specifically taken care of".

"If you are diverting traffic from one place to another place, that traffic will go further. So where it will go and whether it is creating any problems after it is taken further, that aspect also has to be seen," the bench orally remarked. 

Construction of Service Roads

Another issue highlighted by the court is the "requirement of constructing service roads" beside the national highway which includes SG highway that connects Ahmedabad with Gandhinagar.

The court said that this issue is important as the national highway is not in the outskirts of the city but was in fact connecting two cities Ahmedabad and Gandhinagar which it said are "twin cities". 

Flyovers should not be constructed on 'impulse'

Emphasizing on the need for holistic planning on the issue the bench further said,"On this aspect of overbridge or flyover we would like to have some insight into the holistic planning made by the Ahmedabad Municipal Corporation. We are not saying that you should not construct flyovers but it should not be constructed in an impulsive manner. There has to be some holistic planning of the city to understand how if you are putting traffic from this way to that way then how will you take it". 

The bench further highlighted the issue of narrowing of roads also vis-a-vis the flyover, adding that "there has to be some study about this" aspect as well. 

Meanwhile senior advocate Mihir Thakore appearing for the petitioners said that around 91 trees– which are over 50 years old– are going to be demolished in respect to the construction in question which has been given to a company which has a "bad track record". 

The counsel appearing for the authorities said that if flyover in question is constructed on University road the position will be "precarious" since the service lane in that area will be reduced as compared to service road availability at Panjrapole cross road.

To this the bench orally said, "So then there has to be some kind of study also whether it is needed…the court is not concerned with personal vendetta of anyone. That cannot be scope of PIL. We are considering PIL not with the aspect that residents or people over there would suffer".

Calling for a response by the authorities on the issues flagged by it, the bench said that it "shall be passing an order". 

During the hearing Thakore said, that in view of the high court's earlier suggestions regarding traffic and other related issues in the city, an amendment application had been moved in respect of SG Highway. Among various reliefs, the petitioners have sought constitution of an expert committee for resolution of problems faced by commuters on the SG Highway. 

Case title: Dharini Shah and Others v State of Gujarat and Others