Gujarat HC Expresses Disappointment Over State's Failure To Implement Policy On Traffic/Illegal Parking Despite Orders, Warns Of Action Against Officers

While hearing a plea seeking contempt for non-compliance of the court's orders in a 2017 PIL concerning among others issues of traffic and illegal parking on public roads in Ahmedabad, the Gujarat High Court expressed its dissatisfaction with the State's failure in framing an "effective policy" to handle a grave situation to ensure that citizens of the city and the state feel safe. 

The court further pulled up the Ahmedabad Municipal Corporation observing that it only "acts when the court compels it too" and does not take any action on its own or implement the directions issued by the court which are 62 in number. The court in its order observed that it has no option but to frame charges against responsible officers for violating the court's directions. It however stopped short of doing so as the government pleader assured that the State Government and the Ahmedabad Municipal Corporation will see to it that the directions are complied with. 

A Division Bench of Justice A.S. Supehia and Justice Gita Gopi observed:

“This Court, for last six years, with the hope that the directions are complied with and the citizens of this city as well as the State feel secure, as and when they go out from their home on their vehicles however, the State has failed in framing an effective policy to handle the grave and chaotic situation.The Corporation has only acted when this Court compels them to do so. We find that there is no voluntary action taken at their end or at their behest to implement the directions relating to illegal enAcroachment and removal of the same and to take action against the offenders".

For context the 2017 PIL sought directions to the Ahmedabad Municipal Corporation to repair and restore public roads, making roads roadworthy for all vehicles in the city among other issues, pursuant to which the court had passed an order with directions in 2018. The court had continued to pass various orders from time to time in the matter which also covered lack of parking spaces, parking of vehicles on public roads, as well as stray cattle on public road. In the present contempt petition filed in 2019, the petitioner had claimed the directions of the high court issued in the 2017 PIL had not been complied with. 

The Court in the Wednesday's order noted that contempt matter is going on since 2019 and "62 orders" have been passed directing implementation of the directions issued by this Court in a PIL of 2017.

The bench further observed that “the orders are treated as “routine process” by the respondent – State authorities and as and when such orders are passed, the directions are implemented momentarily only for that period, when the matter is taken up by this Court, and thereafter, the things return to its original position. It is not that the respondent-authorities have totally ignored the directions but the directions are only momentarily complied with, as and when this Court points out the lacuna on the part on the respondent-State authorities.”

The Court noted that after the passage of all these years and after passing almost 62 orders, it was expected by the state authorities that the judgement and order of the PIL and the direction issued therein 'should have been complied to the fullest extent'. 

Meanwhile the  counsel appearing for the applicant stated that there is 'flagrant violation of the directions issued by the Court despite there being law frame.' The counsel referred to the Parking Policy 2021 for Ahmedabad City regulating the traffic issue and illegal parking. The counsel also referred to Gujarat Roads Safety Authority Act, 2018, which is framed for the safety of the citizens of the Gujarat and further contended that neither of the Policy, 2021 and the Act, 2018 are implemented effectively.

The Court then noting the matter has travelled all these years and cannot be further stretched and to avoid wastage of judicial time. It said, “Thus, this Court is left with no other option but to frame charge against the responsible officers, who keep on the violating the directions issued by this Court, time and again in the present application and also the initial directions of the judgment and orders, as mentioned hereinabove.”

At this stage the Government Pleader, GH Virk assured the Court that the State Government and the Ahmedabad Municipal Corporation and other departments "would see to it that the orders are complied with, and offenders would be taken to task and appropriate legal action, as provided under the law". 

"He has assured that the personnels, who are assigned such duties by the respective departments, are also instructed to see that the directions issued by this Court are complied with," the order notes. 

On the request of the Government Pleader the court listed the matter on February 3 in order to monitor that the directions issued by the Court are not further “violated blatantly and implemented effectively”.

Case Title: Mustak Hussain Mehndi Hussain Kadri vs Jagadip Narayan Singh, IAS & Anr.

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