Rajasthan HC Issues Directions For Environment & Traffic Management In Jodhpur [Read Order]

In a plea of contempt filed by one Ravi Lodha, for non compliance of orders issued by a division bench of the high court to the State of Rajasthan, Municipal Corporation, Jodhpur and Indian Railways in 2007, Justice Sangeet Lodha and Justice Vinit Kumar Mathur directed that:

1. The norms prescribed for compulsory parking in the commercial buildings and other than commercial buildings constructed within the municipal area of the Jodhpur Metropolitan City shall be enforced strictly and the buildings constructed shall not be permitted to commence its functioning unless the completion certificate is issued by the authority concerned after being satisfied about compliance of the provisions incorporated under the relevant statutes for compulsory parking;
2. The Jodhpur Development Authority and Municipal Corporation of Jodhpur shall take effective steps to restore the parking places specified in the sanctioned plan of existing buildings, which are put to other use, within a period of two months;
3. The Municipal Corporation shall publish a public notice in this regard in the daily newspaper having circulation in Jodhpur Metropolitan area within a period of one week, with the appeal to the building owners to restore the parking spaces as specified in the sanctioned plan within a period of two weeks from the date of publication of the notice;
4. On the building owners failing in restoring the parking spaces within the stipulated time, the buildings of defaulter building owners shall be seized and appropriate penal action shall be taken against them in accordance with law;
5. The building seized shall not be released until the parking space specified in the sanctioned plan is restored to its original use;
6. The JDA, Jodhpur and MC, Jodhpur shall take all necessary measures to remove the encroachments made on the footpath, pavements and public way, by way of putting stairs, ramps, cabins, hoardings or fencing etc. in Jodhpur city within a period of three months from the date of this order;
7. The JDA, Jodhpur and MC, Jodhpur shall undertake the maintenance work of the city roads, pavements and footpaths, which are in dilapidated conditions forthwith and complete the same with utmost expedition, in any case, within a period of three months;
8. The Jodhpur Traffic Control Board shall prepare a Master Plan for traffic control in Jodhpur City and shall take the appropriate steps for modernizing the traffic control system within a period of three months;
9. The traffic hazards and obstacles shall be removed expeditiously as mandated by sub-section (3) of Section 13 of the JDA Act;
10. The Jodhpur Traffic Control Board shall ensure that the bus stand or halting stations are not operated in the city of Jodhpur anywhere and everywhere and the buses are operated only from the bus stand/halting stations duly notified;
11. The Jodhpur Traffic Control Board, the traffic police and the transport authorities shall ensure that the buses operated by the private bus owners as contract carriages are not permitted to operate as stage carriages from any public places in the city or from bus stand/halting stations notified;
12. The project of laying of three lanes road from MN Arora Circle to Pili Tanki shall be completed within a period of six months as projected by the JDA, Jodhpur. The authorities of JVVNL and DISCOM shall take immediate steps for shifting of the electric poles and lines on the proposed road and shall ensure that the project is not delayed in any manner on account of delay in shifting process;
13. The State Government shall fill up all the vacancies in the cadre of traffic police within a period of six months.

The court concurred with the Petitioner's allegation that there was in fact willful disobedience of the 2007 directions, whereby as many as 18 directions were issued pertaining to maintenance of roads, control of traffic, development of parking spaces, relocation of hazardous industries, removal of illegal encroachments, plantation of trees, etc.

Allegedly, despite the aforesaid 18 directions,

1. The sewerage system in the city had failed;
2. Private buses were allowed to be parked in congested places of the city;
3. No action had been taken against the owners of residential and commercial complexes who were using parking places for shops/godowns and other commercial activities;
4. No Master Plan had been prepared for controling traffic in the city;
5. There was an enormous paucity of officers and staff in the Department of Traffic and resultantly, home guards were being deployed to control the traffic without even extending them proper training.

Interestingly, the 2007 directions had been passed by the high court in a plea filed by Lodha's father. These directions had also prompted the establishment of Jodhpur Development Authority.

While passing the present directions, the court directed the authorities to file compliance report, supported by an affidavit, within the time frame specified for compliance of the respective directions. It also cautioned the authorities that a stern approach shall be adopted against the defaulters and posted the matter for consideration thereof on November 25.

The Petitioner is being represented by Advocate Ashok Chhangani, the State by AAG Sunil Beniwal with Advocate Utkarsh Singh, the Municipal Board by Advocate Rajesh Panwar with Advocate Ayush Gahlot, Union of India by ASG Sanjeet Purohit and B.S. Sandhu and NHAI by Advocate Ankur Mathur.

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