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Judgment
Pursuant to our order dated 28th May, 2010, the Deputy Commissioner, Ranchi, Sr. Superintendent of Police, Ranchi, Superintendent of Police (Traffic), Ranchi, and the Administrator, Ranchi Municipal Corporation, Ranchi, are present in the Court.
We have heard the learned Counsels on the question of rehabilitation of the hawkers, who have been/are being removed from the main road, which was time to time declared as a ''No Parking Zone''. So, at the very outset, we must reiterate and declare the main road as ''No Parking Zone''. However, learned Advocate General, on instructions from the Deputy Commissioner, submits that they have to search out a suitable place where the hawkers (first preference to the license holders and then the other hawkers) should be accommodated. In the light of the observations and discussions, made in the decision of the Supreme Court in the case of Maharastra Ekta Hawkers Union and Anr. v. Municipal Corporation, Greater Mumbari and Ors. we are of the view that a Committee, consisting of a retired High Court Judge, being the Chairman, and the senior officers of the State, being the Members, be appointed, who shall find out the suitable places in the Ranchi Town and will prepare scheme for settlement/rehabilitation of the hawkers. The Committee shall consist of a retired High Court Judge, namely, Justice S.K. Chattopadhayaya, who has much idea about the Ranchi Town and has been residing since retirement in this place, the Deputy Commissioner, Ranchi, the Administrator, Ranchi Municipal Corporation, Ranchi, Senior Police Officer from the Traffic Department, so nominated by the Director General of Police, Jharkhand, Ranchi. As directed in the judgment of the Supreme Court, we hold that the Corporation shall make available to the Chairman and the members of the Committee all feasibility like office space, secretarial staff etc. The Corporation shall also make available to the Chairman a chauffeur driven car, which is to be used for this purpose only. Any person or organization, if feels that the road/streets, apart from those designated as non-hawking zones, are available for hawking, may apply to the Committee, for having that road/street declared as a hawking zone. The Chairman of the Committee shall be paid suitable remuneration/ honorarium for discharging the work.
The learned Advocate General has rightly contended that the Committee shall also find out the parking zone/space for parking the vehicles, including three wheelers.
So far as the Traffic Police Station is concerned, the Sr. Superintendent of Police, Ranchi, contended that at least there should be three more Traffic Police Stations, so that by dividing the capital town in four zones, each zone may have one Traffic Police Station. He further informed that a proposal in this regard has been sent to the Government.
We hope and trust that the Government shall consider the said proposal and take a decision immediately, preferably within one month from today.
I have been informed by the learned Advocate General that the amount collected by way of fine from the vehicle owners for parking the vehicles at a wrong place or for violating the traffic rules, are being claimed by the Transport Department. According to the learned Advocate General, the said amounts are to be spent for improving the traffic system in the capital.
We find substance in the suggestions of the learned Advocate General. We made it clear that the Transport Department shall not claim the amount, collected for violating the traffic rules, and the amount shall be kept with the Police Department and shall be used only for improvement of the traffic system.
In course of hearing, Mr. M.S. Anwar, Sr. Advocate, gave some suggestions for solving the problems of traffic in Ranchi Town.
Let a copy of the suggestions be supplied to the Superintendent of Police, Ranchi and the Sr. Superintendent of Police Ranchi as also the Deputy Commissioner, Ranchi, to do the needful.
Let this matter come on 25th June, 2010 before a Bench of which Mr. Justice D.N. Patel be one of the members.
In case of any difficulty, the representative of the Hawkers Union may apprise the Committee by filing suitable applications.
Let a copy of this order be handed over to the learned Advocate General.