AI Structured Summary
Not yet generated for this judgment
Judgment
Vide Order dated 29-12-2017, Divisional Commissioner, Kashmir was under direction to hold the meeting in light of the details of the order
and in the process students, representatives of Trade Transporters, Bus Operators were at liberty to file a detailed representation to the Divisional
Commissioner Kashmir.
Learned AAG states that the meeting has been held, however students, representatives of Trade Transporters and Bus Operators have not filed
any representation, that apart a comprehensive plan has been prepared, he will file it during the course of week with copy in advance to learned
Amicus Curiae and other Advocates appearing on behalf of the petitioners.
In terms of Order dated 29th November 2017, it was taken note of that 39 areas/spots were identified and list whereof has been communicated
to the Commissioner, SMC for placement of signages as per the pattern envisaged in the Motor Vehicles Act. Learned counsel for SMC would
submit that Commissioner, Srinagar Municipal Corporation is in the process of implementing the same and they are doing it with promptitude and it
will be completed and a detailed report will be filed during the course of week with copy in advance to learned counsel for the parties.
In compliance to the direction No. 4 issued vide Order dated 29th November 2017, learned AAG states that a detailed status report has been
prepared, the colour coding has been suggested, once it is introduced and operated, it shall be easy to identify the vehicle which are plying in
violation to the permission and action of seizure and fine will follow. It is further added by the learned AAG that the Assistant Regional Transport
officer, Srinagar has asked the concerned President of Sumo, Taxi Operators to furnish a list of registered vehicles, once that is received, direction
No. 4 will be implemented in its letter and spirit. Assistant Regional Transport officer shall impress upon concerned President to furnish the list of
the registered Sumo, Taxi Cabs, in default he must take swift action which may include seizure of the vehicle. In case within two weeks list is not
provided, then he must take action and report compliance.
Srinagar Municipal Corporation have filed the status report which stands taken note of in the order dated 29th November 2017. It was stated
by them that the enforcement wing of the SMC had continued the anti-encroachment drive against the street vendors and the shopkeepers in the
Central Business District (CBD) and Pantha Chowk, areas under the supervision of Anti Encroachment Officers headed by the Chief Enforcement
officer. Numerous street vendors had been removed from the roads and pavements in and around Jehangir Chowk, Hari Singh High Street, Naaz
Crossing, Batmaloo and also from Residency Road, Poloview, Lambert Lane, Abi Guzar, Amira Kadal, Regal Chowk etc.
Commissioner, Srinagar Municipal Corporation was under command to continue with the Anti Encroachment Drive and to ensure that the trade
is not allowed on the footpaths and on roadside anywhere in the city of Srinagar. All the concerned authorities including SDA which owns the
Pantha Chowk Bus Stand area were under direction to extend all possible help to the SMC in removing the encroachments in and around the said
Bus Stand. Director, Land Management, SDA had extended assurance that all possible assistance would be provided to SMC or any other
agency entrusted with the job of removing the encroachment in and around Pantha Chowk areas.
Mr. AteebKanth, learned Advocate who is assisting the learned Amicus has filed a report about what has been observed by him while visiting
these areas, he has photographed the same which suggests that the anti encroachment drive is simply to say and mention in the papers but on the
ground level it is totally missing. Learned Amicus further states that even at present it is clear to everyone that in the adjacent areas like Hari Singh
High Street, Jehangir Chowk and other areas, street vendors are occupying the pavements thus and are doing business on the road. In addition
thereto the already existing shopkeepers have kept their merchandize on the pavements however no action has been taken. He further adds that
sometime they move from those areas Srinagar Municipal corporation takes action which is momentary for hour or half an hour. There appears to
be some connivance which encourages such type of encroachment so there is no deterrence.
Taking serious note of the situation as prevalent and highlighted by the learned Amicus, we impress upon SMC authorities in particular the
Commissioner, SMC to ensure that its anti encroachment squad discharges its duties with dedication and commitment so that the menace of
extending shops on the pavement by the shopkeepers is totally stopped and a strict action is taken and if on the next date of hearing learned
Amicus again brings it to the notice of the Court that same thing is happening then Chief Enforcement Officer, SMC shall have to remain personally
present and explain as to how it is happening.
Learned counsel appearing for SMC submits that a comprehensive proposal has been prepared so as to establish vending zones for
accommodating street vendors, he will file a report as to within which time same will be translated into action but in the meanwhile the Municipality
will ensure that no vendor displays any article for sale on the roadside so that the roads are kept open. It shall be open for the Municipality to file
objections before the Municipal Magistrate, Srinagar so that the concern is taken note of by the concerned Magistrate while considering any such
application for release thereof.
In compliance to the direction No. 7 issued on 29th November 2017, Srinagar Municipal Corporation has submitted a latest status on 3rd
January 2018 wherein it is stated that Delhi based Intelligent Traffic management has been engaged and after completing the survey and after
having provided the requisite NOCs from the line departments has started installation work physically at Sanat Nagar and at Tengpora Junctions.
A Committee of experts has been constituted headed by Mr. Anuj Malhotra, Traffic Advisor to Government for monitoring installation of intelligent
Traffic Signal Lights System in Srinagar City. Learned counsel appearing for SMC would submit that the work is in progress and about its
completion latest status report will be filed on the next date. Mr. Anuj Malhotra, Traffic Advisor to Government who is also present in the court
made it clear that work is in progress however due to inclement weather it may take some time, that apart time limit as prescribed is being strictly
followed whatever shall be further course of action that will be mentioned in the status report to be filed by the SMC on the next date.
Mr. AteebKanth, Advocate suggests that at junctions slip roads also exists and those slip roads are not utilized. Taking note of said situation
Mr. Anju Malhotra, Traffic Advisor to Government submits that he will examine it and respond on next date.
In response to paragraph 8 of the order dated 29th November 2017, Srinagar Municipal Corporation has stated in its status report which is
filed on 3rd January 2018 that in Karan Nagar at two places and in Lal Chowk at four places road parking stretches are in place as per the details
given in the report. It is also made clear that out of 47 spots as were cleared by the Traffic Advisor, SSP Traffic has approved running of 33 spots
regarding remaining 14 spots Divisional Commissioner, Kashmir has already issued an instruction asking the concerned authorities that once the
Traffic Advisor has cleared 47 spots why 14 spots areleft out. Confronted with the same learned counsel appearing for SMC would submit that he
will have instructions and will submit the report.
In response to Para 9 of the order dated 29th November 2017 learned AAG would submit that the latest status report has been filed whatever
action is required that is being vigorously done, land is being acquired which in fact is time consuming process but however they will file status on
the next date so as to indicate as to what progress so far has been made and what further steps are required to be taken so as to remove all
congestions from the Batamaloo-Qamarwari Stretch.
In compliance to paragraph 12 of the order dated 29-11-2017, compliance report has been filed on behalf of Labour and Employment
Department along with the copy of SRO 472 notified on 16th November 2017. The detail of close days for all kinds of shops and establishment in
the areas specified therein within the limits of the District Srinagar have been notified and according to learned counsel is being implemented but
however learned Amicus would submit that some traders had filed a representation. Be that as it may, representations are open to be considered
by the Labor and Employment Department but until this SRO is modified or otherwise it shall be implemented strictly and compliance report about
its implementation shall be filed on the next date by the Labour and Employment Department.
In response to direction contained in Para 12 of the order dated 29th November 2017 Pollution Control Board has filed the compliance report
stating therein that the exceeding limits observed in all silence zones monitored by the Board, necessary advisories have been issued to the
concerned officers. The matter has also been taken up with the Divisional Commissioner, Kashmir for taking remedial measures like prohibition on
use of sound amplifiers, loud speakers, honking of horns in these zones, copy whereof has been endorsed to all the concerned, what is follow up
action is not known. Divisional Commissioner, Kashmir to file his response as to what action has been taken on the basis of the report submitted to
him by the Pollution Control Board.
Learned Amicus has brought to the notice of the court that the stretch of road from old Batmaloo Bus Stand up to Sadder Court Mominabad
is at some spots encroached upon by the workshop owners i.e while transacting their business they are extending operation as a result whereof
they create traffic congestion, he has suggested that the respondents may be directed to evolve a plan for chain fencing the road.
Considered.
Respondents to file their response but in the meanwhile they shall ensure that these workshop owners will not in any manner expand their area
of operation on the road so as to cause any type of traffic congestion on the said stretch. One more concern has been voiced by the Mr.
AteebKanth, Advocate who assists the learned Amicus that in the Srinagar City Mini Bus plying are overloaded and some people are travelling
while hanging on its back stairs but it is not controlled which in fact endangers human life. The concern voiced is serious. We direct SSP Traffic to
depute the Traffic Special Squads on every road and to ensure that no Mini Bus is allowed to ply with overloading or any person hanging on the
back stairs of these Mini Bus if found stringent action be taken on the spot and to submit a detailed report on the next date as to what follow up
action they have taken and how many violations have been noticed and action taken.
Mr. Anil Raina, Advocate present in the Court on behalf of IOC would submit that they had applied for grant of NOC so as to establish LPG
Dispensers. Learned AAG would respond to it by next date of hearing.
Mr. Baba submits that pursuant to the direction of the Court dated 29-12- 2017, a detailed report is filed regarding four lanning of National
Highway learned AAG to file response.
MP No. 94/2017:
Mr. A. Haqanai, Adv.
Mr. M. A. Beigh, AAG.
Learned AAG seeks further time to file requisite response shall do so by or before next date.
MP No. 98/2017:
Mr. BakhtParvaiz, Adv. for petitioner.
Mr. Sheikh Omar, GA
Learned counsel for the respondents states that he has filed the response copy whereof to be furnished to the learned counsel for the petitioner.
MP No. 195/2017:
Mrs. Zeenat, Advocate for petitioner.
Mr. M. A. Beigh, AAG.
Response by or before next date.
MP No. 106/2017:
Ms. Sadaf, Adv. vice Mr. R. A. Jank, Sr. Advl.
Mr. M. A. Beigh, AAG.
Disposed of with a direction that the applicant to file the detailed representation to the Transport Commissioner on so filing Transport
Commissioner will accord due consideration and pass appropriate orders whatever shall be permissible in accordance with the rules. MP disposed
of.
OWP NO. 1899/2017:
Mrs. Rehana, Adv. vice Mr. Z. A. Qureshi, Sr. Adv.,
Mr. M. A. Beigh, AAG.
Response by or before next date.
List on 1st March 2018, in the regular cause list.
Copy of this order be provided to learned counsel for the parties under the signature of the Bench Secretary.